CIVICS EDUCATION Right and Obligation of Citizenship

By : IKA PRATIWI PUTRI 113184009

INTERNATIONAL PHYSICS EDUCATION PHYSICS DEPARTMENT MATHEMATICS AND SCIENCE FACULTY SURABAYA STATE UNIVERSITY 2011

RIGHT AND OBLIGATION OF CITIZEN

A.

Right and Obligation of Citizen Considered from etymologist, based on Indonesia Big Dictionary, Right is ownership;

power to do something; or right power toward something. Obligation is necessity, or something must be done by everyone. Citizen is all people in the state who based on descendent, birthplace, and etc have full rights and obligations as component from their state. Rights and obligations of citizen is the right power toward something and must be done by all of people in the state it self. Concerning about special right for citizen and protection toward people, within Constitution 1945 is mentioned on the article 27(2): Tiap warga Negara berhak atas pekerjaan dan penghidupan yang layak bagi kemanusiaan and on the article 29(2): Negara menjamin kemerdekaan tiap-tiap penduduk untuk memeluk agamanya masing-masing dan untuk beribadat menurut agamanya dan kepercayaannya itu, and also on the article 31(1):Tiap-tiap warga berhak mendapat pengajaran. Rights and obligations of citizen are decided within constitution 1945 inside articles: 27, 28,29,30,31. Citizens Rights base on Constitution 1945 NO. 1. Articles 27 verse 1 Contents Implementation All citizens shall be equal All people in Indonesia have a before the law and the right proclaimed did not government and shall be required to respect the law guilty before investigated, and the government, with no examined, and offered in front exceptions. of court, and get remain law decided. To get protection in law, and have law assistance for criminal action agent. All people in Indonesia have a right to occupy a position in the government, have a right

to suggest their self be a leader in the certain area or be a president with a certain qualification, have a right to do his capability that suitable with his position. 2. 27 verse 2 Every citizen shall have the All people in Indonesia have a right to work and to earn a right to work in all places human livelihood. suitable with their ability and get salary to continue their life. 3. 27 verse 3 Each citizen shall have the All people in Indonesia have a right and duty to participate right to confer their in the effort of defending the state. participation for their state. The freedom to associate and All people in Indonesia have a to assemble, to express right to give their idea, written and oral opinions, etc., shall be regulated by opinion, suggestion in every law. occasion with written and oral opinions but might not

4.

28

violate constitution. Have a right to get proclaimed about their fundamental

human right. 5. 29 verse 2 The State guarantees all All people in Indonesia have a persons the freedom of right to choose their worship worship, each according to his/her own religion or belief according to their own belief but might not Atheist then obey God according to their own religion. 6. 30 verse 1 Every citizen shall have the All people in Indonesia have a right and duty to participate right to confer their in the defense and security of the state. participation for their state. Example: POSKAMLING in

village is one of the example to keep secure in a small area, and POLICE and Military (TNI) is the example to defense and secure Indonesia. 7. 31 verse 1 Every citizen has the right to All people in Indonesia have a receive education. right to get education during 12 years both poor and rich person. Citizens Obligation based on Constitution 1945 No. 1 Articles UUD paragraph 1 1945 Bahwa Content Implementation sesungguhnya All people in Indonesia have to respect to humanity and justice value, appreciate each other and keep conciliation inside Indonesia.

kemerdekaan itu adalah hak segala bangsa dan oleh sebab itu maka penjajahan di atas dunia harus dihapuskan

karena tidak sesuai dengan peri kemanusiaan dan peri keadilan. 2. UUD paragraph 2 1945 Dan
perjuangan pergerakan All people in Indonesia have telah kemerdekaan Indonesia

to keep and maintain the independence of Indonesia

sampailah kepada saat yang berbahagia sentosa Indonesia dengan selamat rakyat pintu

and appreciate liberty, unity, and nation sovereignty value.

mengantarkan ke depan

gerbang kemerdekaan negara Indonesia, bersatu, makmur. yang berdaulat, merdeka, adil dan

3.

1945 Kemudian daripada itu untuk All people in Indonesia have membentuk suatu pemerintah paragraph 4 to respect and loyal negara Indonesia yang melindungi segenap bangsa constitution of state and state Indonesia dan seluruh tumpah fundamental norm(Pancasila), darah Indonesia dan untuk UUD

memajukan kesejahteraan umum, mencerdaskan kehidupan bangsa, dan ikut melaksanakan ketertiban dunia yang berdasarkan kemerdekaan, perdamaian abadi dan keadilan sosial, maka disusunlah kemerdekaan kebangsaan Indonesia itu dalam suatu Undang-Undang Dasar negara Indonesia, yang terbentuk dalam suatu susunan negara Republik Indonesia yang berkedaulatan rakyat dengan berdasar kepada : Ketuhanan Yang Maha Esa, kemanusiaan yang adil dan beradab, persatuan Indonesia, dan kerakyatan yang dipimpin oleh hikmat kebijaksanaan dalam permusyawaratan/perwakilan, serta dengan mewujudkan suatu keadilan sosial bagi seluruh rakyat Indonesia."

all people in Indonesia must do cooperation to get

destination of Indonesia that based on UUD 1945.

4.

23 verse 2

All taxes and other levies for the needs of the state of a compulsory nature shall be Regulated by law.

Pph and Ppn that demanded are the example of tax payment. Every year all people in Indonesia have to pay tax for the state based on all of things their have. All people have to obey law and do everything in a state based on constitution that had been created by

5.

27 verse 1

All citizens shall be equal before the law and and shall the be

government

required to respect the law and the government, with no exceptions.

government as public policy.

6.

30 verse 1

Every citizen shall have the All people in Indonesia have right and duty to participate to give their participation to in the defense and security of the state. keep defense and secure of their state. Example: in a simple case is there is Poskamling in a village but for state there are Police and military (TNI) to defense and secure the integrity of state.

7.

35

The national flag of Indonesia shall be the Red and White (Sang Merah Putih).

Indonesia

people

have

to

respect Red and White Flag (Sang Merah Putih). Example : When its flag is fluttered in the ceremony, we must give a respecting.

8.

36

The national language shall Respect be Indonesian

state

language,

(Bahasa Indonesia language.

Indonesia). 9. 36A The national coat of arms Respect the state symbol of shall be the Pancasila eagle Indonesia, Garuda Pancasila (Garuda Pancasila) with the motto Unity in Diversity with slogan Bhineka Tunggal (Bhinneka Tunggal Ika). Ika . The national anthem shall be Respect Indonesia Raya. Indonesia Raya as

10.

36B

nation Song.

B. Definition of Apatride, Bipatride, and Multipatride Within relation of interstates, somebody can moving place live to other country and stay there for long time. Whenever, he/she or family that stay in the other state and they are childbearing there, thus childs citizenship status according to the law that entitled in the country/state of birthplace and mother birth. The difference of law that is had by both states

can caused apatride, bipatride, and multipatride status for children whom parents had migrated between both state. a. Apatride Appatride is someone that do not have citizenship or without citizenship status. This status can emerge because someone is not admitted by both states. Example: a descendent from nation A (Ius Soli) to be born in B (Ius Sanguin). So she/he is not the component of both state.

b. Bipatride Bipatride is someone that have double citizenship. This status can emerge because someone is admitted by both states. Example: a descendent from nation C (ius Sanguin) to be born in D state (Ius Soli). So that, she/he is component of both states.

c. Multipatride Someone that have more than 2 citizenship. Example: A Bipatride person also receive present the citizenship status from other state when he/she will has matured, when he/she receive it, he/she does not release her/his bipatride status. The problems above can be solve by the some ways below : 1. Give a certainty law to them more clearly about their citizenship status. 2. Guarantee their rights and shelter law certainty to them in the governing a nation life. C. Gonzalless Case Cristian Gerand Alfaro Gonzales (birth in Montevideo, Uruguay at August, 30th 1976, 35 years old) is a football player in Indonesia. Before, his citizenship was Uruguay, however since November, 1st 2010, he had been an Indonesia citizen. Now, he plays for PERSIB, Bandung and since November, 21st 2010 he had also played for Indonesia National team. At November, 21st 2010, Christian Gonzales had begun his debut as member of National Team of Indonesia football fight with Timor Leste and directly can give two goals for Indonesia in his first appearance. Afterwards, he comes in National Team as core member at AFF competition 2010. After married, he had Indonesia paspor, his wife is Indonesia citizen which name is Eva Nurida Siregar. From his marriage, he has two children. Cristian embraced islam at 2003

because support from his wife and environment in Indonesia and change his name become Mustafa Habibi. (Source : http://id.wikipedia.org/wiki/Cristian_Gonz%C3%A1les) Gonzales is one of people who change his citizenship in to Indonesia citizen. He can be Indonesia citizen trough a process that we can call as Naturalization. He had given his merit for Indonesia especially in the football competition. Besides, before he joined in the Indonesia football club, he has married with a women who pure Indonesia citizen in 2003. At the time, he had not Indonesia citizen yet, he still has passport in Indonesia. But, after some years he stayed in Indonesia and decided to join into Indonesia Football club then he changes his citizenship with do a submission toward Indonesia government. Gonzaless naturalization is general process, so he must fulfill the qualification, below :
Application for naturalization may be filed by the applicant if it meets the criteria referred to in Article 9, namely: a. was aged 18 (eighteen) years of age or married; b. At the time of filing the petition has been residing in the territory of the Republic of Indonesia at least 5 (five) consecutive years or a minimum of 10 (ten) years are not consecutive; c. physically and mentally healthy; d. Can speak Indonesia and recognize the basic state Pancasila and the Constitution of the Republic of Indonesia Year 1945; e. never been sentenced for committing a criminal act punishable by imprisonment of 1 (one) year or more; f. if by acquiring Citizenship of the Republic of Indonesia, is a dual nationality; g. have jobs and / or fixed income, and h. naturalization pay to the State Treasury. The next procedure, among others, the petition must be written in Indonesian language on stamped paper. The final decision on the request is for the President. If granted by the President of the citizen status declared effective as of the applicant's oath or pledge allegiance to the Republic of Indonesia.

D. Anggun C. Sasmis Case Anggun Cipta Sasmi (birth in Jakarta, April, 29th 1974;37 years old) is an Indonesia singer and has had France citizenship. She released from Indonesia which before was her citizenship. She is a daughter from Dato Singo, an Indonesia artist and Dien Herdina, woman who still Yogyakarta Kingdom descendent.

At 1994, Anggun decided to left Indonesia and realize her dream become International artist level. Helped by Erick Benzi, a France producer at 1997, She succeed to release her International album titled Snow On the Sahara in 33 countries in the whole world include U.S.A which is barometer of International music. Anggun is a first singer from Indonesia who succeed to embrace the International music area and her albums had achieve a gold and platinum recognition in some countries in Europe. Some achievements had been raised, include prestigious gift "Chevalier des Arts et Lettres" from the France government. Her successfully in France made her change her citizenship from Indonesia to France based on her desire self .

REFERRENCES : http://consular.indonesia-ottawa.org/indonesia-citizens/kewarganegaraan http://tunas63.wordpress.com http://id.wikipedia.org/wiki TIM PENDIDIKAN KEWARGANEGARAAN MPK-UNESA.2010.Pendidikan

Kewarganegaraan di Perguruan Tinggi.Surabaya:Unipress