JUNCTO: Jurnal Ilmiah Hukum
Vol 8, No 1 (2026): JUNCTO : Jurnal Ilmiah Hukum JUNI

Problematika Mekanisme Naturalisasi Istimewa terhadap Prinsip Transparansi Publik Di Indonesia

Alya Azrah Fahmi Achmad (Universitas Mulawarman)
Mahendra Putra Kurnia (Universitas Mulawarman)
Insan Tajali Nur (Universitas Mulawarman)



Article Info

Publish Date
26 Jun 2026

Abstract

This article examines the mechanism of special naturalization from the perspective of public transparency within Indonesian citizenship law and proposes an ideal regulatory framework. Article 20 of Law Number 12 of 2006 authorizes the President to grant Indonesian citizenship to foreign nationals who have rendered outstanding services to the state. However, the provision lacks clear criteria, creating legal ambiguity and broad discretionary interpretation. This study employs normative legal research using statutory and conceptual approaches. The findings indicate that the current mechanism affects public transparency, legal certainty, equality before the law, and the principle of limitation of power due to the lack of transparency in the decision-making process. The novelty of this research lies in analyzing special naturalization through the perspective of public transparency in relation to the principle of limitation of power. The study recommends revising Article 20 by establishing clear criteria, transparent procedures, public information disclosure, and effective oversight mechanisms to ensure transparency, accountability, and legal certainty in the implementation of special naturalization.

Copyrights © 2026






Journal Info

Abbrev

juncto

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JUNCTO: Jurnal Ilmiah Hukum is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business ...