oleh

Dirjen Dukcapil Usul Capres, Caleg dan Cakada Wajib Isi Formulir Tak Pernah Punya Paspor Asing

-Nasional-1.237 views

Nusa Dua – Dirjen Dukcapil Kementerian Dalam Negeri Prof. Dr. Zudan Arif Fakrulloh, SH, MH berpandangan bahwa saat ini WNI yang mempunyai Paspor negara lain tidak otomatis dinyatakan kehilangan kewarganegaraann, karena masih memerlukan tindakan atau keputusan pemerintahan yang memastikan kapan kewarganegaraannya hilang. Hal ini perlu dokumen berupa keputusan dari pemerintah untuk kepastian hukum.

Dirjen Zudan mengatakan, dalam administrasi pemerintahan apa yang yang dikatakan batal demi hukum itu tidak ada yang terjadi secara otomatis. Hal itu merujuk saat dirinya menangani kasus Djoko Tjandra (DT) dan Bupati Sabu Raijua, Orient Riwu Kore (ORK) yang memiliki kewarganegaraan ganda dengan memiliki dua paspor.

“Djoko Candra memiliki Paspor Papua Nugini, Orient Kore punya paspor Amerika Serikat. Tapi keduanya masih juga berstatus WNI dalam Sistem Adminduk karena yang bersangkutan tidak pernah melapor, tidak pernah melepaskan kewarganegaraan, sehingga pemerintah tidak tahu bila yang bersangkutan memiliki 2 paspor,” kata Zudan saat berbicara dalam kegiatan Simposium Nasional Hukum Tata Negara di The Westin, Nusa Dua, Bali, Rabu (18/5/2022).

Padahal, dalam Pasal 23 UU Kewarganegaraan dikatakan salah satu penyebab hilangnya kewarganegaraan adalah memiliki paspor negara lain.

“Perumusan di Pasal 23 itu sebagai perumusan norma sanksi administrasi.

Sehingga, tambah Zudan, ketika memenuhi syarat melakukan perbuatan yang telah ditetapkan, maka orang tersebut dapat diberi sanksi kehilangan kewarganegaraannya. Nah, disinilah tindakan pemerintahan yang bersifat konkrit, individual dan final diperlukan. Esensinya adalah diperlukan adanya sebuah keputusan dari pemerintah.

“Sehingga, saya berpendapat dari dua kasus tersebut, yang dalam waktu yang bersamaan keduanya memiliki paspor tapi tidak otomatis kehilangan kewarganegaraannya dan masih berstatus WNI. Ini disebabkan belum ada tindakan administrasi pemerintah,” ulasnya.

Pakar Hukum Administrasi Negara ini juga menjelaskan, pengalamannya di Biro Hukum Kemendagri tahun 2008 hingga 2014, ada asas hukum yang mengatakan “Lex superiori derogat legi inferiori”. Artinya, peraturan yang lebih tinggi mengalahkan peraturan yang lebih rendah.

“Tapi ketika perda-perda di daerah tidak dibatalkan, tetap saja perda yang lebih rendah dari UU dan bertentangan dengan UU, tetap dijalankan dan tidak batal. APBD sah, Perda Perizinan jalan,” papar Dirjen Zudan.

Jadi menurut pandangannya, sepanjang belum ada tindakan administrasi pemerintahan maka Pasal 23 itu belum masuk pada perbuatan hukum konkret.

“Jadi kita belum tahu, ORK itu kapan kehilangan kewarganegaraan RI-nya, DT kapan kehilangan kewarganegaraannya,” katanya.

Dalam kesempatan tersebut, Zudan mengusulkan di tahun 2024 dalam Pemilihan Presiden, Legislatif dan Kepala Daerah, Komisi Pemilihan Umum (KPU) agar membuat formulir setiap orang yang mencalonkan sebagai peserta Pilkada, Pileg atau Pilpres perlu menyatakan tidak pernah memiliki paspor negara lain.

Sebab selama ini, dirinya menilai dalam hal kewarganegaraan Indonesia menganut Stelselnya Pasif. Kalau tidak ditanya, para pasangan calon presiden (Capres) atau calon anggota legislatif DPR/DPD/DPRD (Caleg) serta calon kepala daerah (Cakada) tidak pernah mendeklarasikan mereka pernah punya paspor negara lain atau tidak.

“Jadi ada satu Formulir yang dipersiapkan oleh KPU, sehingga calon atau pasangan itu mau men-declare hal tersebut,” tegasnya.

Hadir dalam kesempatan tersebut, anggota KPU RI Muhammad Afifuddin, Dirjen AHU Kemenkumham Cahyo Radian Muzhar, Ketua Dewan Pembina Asosiasi Pengajar Hukum Tata Negara-Hukum Aadministrasi Negara Prof Dr Satya Arinanto, Dewan Pembina Perludem Titi Anggreini sebagai Moderator.

Dukcapil

Komentar

Tinggalkan Balasan

Alamat email Anda tidak akan dipublikasikan.

159 komentar

  1. Hmm it looks like your website ate my first comment (it was extremely long) so I guess I’ll just sum it up what I wrote and say, I’m thoroughly enjoying your blog. I too am an aspiring blog blogger but I’m still new to everything. Do you have any tips for newbie blog writers? I’d genuinely appreciate it.

  2. Hi there! This post couldn’t be written any better! Reading through this post reminds me of my previous room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thank you for sharing!

  3. Does your blog have a contact page? I’m having trouble locating it but, I’d like to shoot you an e-mail. I’ve got some recommendations for your blog you might be interested in hearing. Either way, great website and I look forward to seeing it improve over time.

  4. Heya! I just wanted to ask if you ever have any problems with hackers? My last blog (wordpress) was hacked and I ended up losing a few months of hard work due to no back up. Do you have any solutions to protect against hackers?

  5. Excellent goods from you, man. I have be aware your stuff prior to and you’re just extremely great. I actually like what you have received right here, certainly like what you’re stating and the way through which you say it. You’re making it entertaining and you continue to take care of to keep it smart. I cant wait to read far more from you. This is really a terrific web site.

  6. I want to show my passion for your kindness in support of folks that really want help on in this area. Your very own commitment to getting the solution along appeared to be exceptionally valuable and have surely enabled guys and women much like me to arrive at their goals. Your important information can mean a lot a person like me and far more to my mates. Many thanks; from all of us.

  7. The next time I read a blog, I hope that it doesnt disappoint me as much as this one. I mean, I know it was my choice to read, but I actually thought youd have something interesting to say. All I hear is a bunch of whining about something that you could fix if you werent too busy looking for attention.

  8. Thanks a bunch for sharing this with all people you really know what you are speaking approximately! Bookmarked. Kindly additionally seek advice from my website =). We can have a link exchange agreement among us!

  9. There are some interesting deadlines in this article however I don’t know if I see all of them heart to heart. There may be some validity but I will take hold opinion till I look into it further. Good article , thanks and we wish extra! Added to FeedBurner as well

  10. An impressive share, I just given this onto a colleague who was doing a little analysis on this. And he in fact bought me breakfast because I found it for him.. smile. So let me reword that: Thnx for the treat! But yeah Thnkx for spending the time to discuss this, I feel strongly about it and love reading more on this topic. If possible, as you become expertise, would you mind updating your blog with more details? It is highly helpful for me. Big thumb up for this blog post!

  11. Howdy would you mind sharing which blog platform you’re using? I’m planning to start my own blog in the near future but I’m having a hard time selecting between BlogEngine/Wordpress/B2evolution and Drupal. The reason I ask is because your design and style seems different then most blogs and I’m looking for something unique. P.S Sorry for being off-topic but I had to ask!

  12. What i don’t realize is actually how you’re not really much more well-liked than you might be now. You are so intelligent. You realize thus significantly relating to this subject, made me personally consider it from numerous varied angles. Its like men and women aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs excellent. Always maintain it up!

  13. Amazing blog! Do you have any hints for aspiring writers? I’m planning to start my own website soon but I’m a little lost on everything. Would you advise starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m completely overwhelmed .. Any suggestions? Kudos!

  14. I wish to express appreciation to you just for rescuing me from this type of circumstance. Because of exploring through the internet and finding opinions which are not powerful, I assumed my life was gone. Existing minus the approaches to the problems you have solved as a result of your main guide is a critical case, and the kind which may have adversely affected my career if I hadn’t discovered the website. Your good training and kindness in maneuvering every part was priceless. I don’t know what I would’ve done if I had not come across such a step like this. It’s possible to now relish my future. Thanks a lot so much for this reliable and results-oriented help. I won’t hesitate to endorse the website to anyone who needs and wants guide about this issue.

  15. fantastic issues altogether, you just won a new reader. What could you suggest in regards to your submit that you made some days in the past? Any certain?

  16. Most of the things you assert happens to be supprisingly appropriate and that makes me ponder the reason why I had not looked at this with this light before. Your piece truly did turn the light on for me as far as this particular issue goes. Nevertheless at this time there is actually one particular position I am not too cozy with so while I attempt to reconcile that with the actual central idea of your position, allow me observe just what all the rest of the readers have to say.Well done.

  17. Hi there! This post couldn’t be written any better! Reading through this post reminds me of my previous room mate! He always kept talking about this. I will forward this article to him. Pretty sure he will have a good read. Thank you for sharing!

  18. hello!,I like your writing very much! share we communicate more about your post on AOL? I need an expert on this area to solve my problem. May be that’s you! Looking forward to see you.

  19. Great web site. A lot of helpful info here. I am sending it to a few pals ans additionally sharing in delicious. And certainly, thanks in your sweat!

  20. Hiya, I am really glad I have found this information. Today bloggers publish just about gossips and net and this is really frustrating. A good website with interesting content, this is what I need. Thank you for keeping this web site, I will be visiting it. Do you do newsletters? Can’t find it.

  21. What’s Taking place i am new to this, I stumbled upon this I’ve found It positively helpful and it has aided me out loads. I am hoping to contribute & aid other users like its helped me. Great job.

  22. I’m impressed, I need to say. Really not often do I encounter a weblog that’s each educative and entertaining, and let me let you know, you have hit the nail on the head. Your concept is excellent; the issue is one thing that not enough persons are talking intelligently about. I’m very completely happy that I stumbled throughout this in my seek for something relating to this.

  23. When I initially commented I clicked the “Notify me when new comments are added” checkbox and now each time a comment is added I get four emails with the same comment. Is there any way you can remove me from that service? Thanks!

  24. I will right away grab your rss as I can’t in finding your e-mail subscription hyperlink or newsletter service. Do you have any? Please allow me understand in order that I could subscribe. Thanks.

  25. Somebody essentially lend a hand to make significantly articles I’d state. That is the first time I frequented your web page and so far? I amazed with the analysis you made to create this actual put up extraordinary. Excellent task!

  26. I would like to thnkx for the efforts you’ve put in writing this site. I’m hoping the same high-grade web site post from you in the upcoming as well. Actually your creative writing skills has inspired me to get my own blog now. Actually the blogging is spreading its wings quickly. Your write up is a great example of it.

  27. Excellent post. I was checking constantly this blog and I am impressed! Very helpful information specially the last part 🙂 I care for such info a lot. I was seeking this particular info for a very long time. Thank you and good luck.

  28. Wow! This could be one particular of the most useful blogs We’ve ever arrive across on this subject. Basically Fantastic. I am also a specialist in this topic therefore I can understand your hard work.

  29. I’ve been exploring for a little bit for any high-quality articles or weblog posts in this kind of space . Exploring in Yahoo I ultimately stumbled upon this web site. Studying this info So i am satisfied to exhibit that I have a very good uncanny feeling I discovered exactly what I needed. I so much indubitably will make certain to do not fail to remember this website and give it a glance on a constant basis.

  30. I like what you guys are up also. Such clever work and reporting! Keep up the superb works guys I?¦ve incorporated you guys to my blogroll. I think it will improve the value of my website 🙂

  31. It’s a shame you don’t have a donate button! I’d definitely donate to this brilliant blog! I guess for now i’ll settle for bookmarking and adding your RSS feed to my Google account. I look forward to new updates and will share this website with my Facebook group. Chat soon!

  32. I have been browsing online greater than three hours today, but I never discovered any interesting article like yours. It’s beautiful price sufficient for me. In my view, if all web owners and bloggers made excellent content material as you probably did, the net shall be a lot more helpful than ever before.

  33. Thanks a lot for giving everyone remarkably nice opportunity to check tips from this website. It really is very terrific and also jam-packed with a great time for me and my office mates to search your website no less than thrice in 7 days to learn the fresh items you have got. And lastly, I am just actually impressed considering the tremendous tips and hints you serve. Some 4 ideas in this posting are undoubtedly the very best we have had.

  34. Greetings! I know this is kinda off topic however I’d figured I’d ask. Would you be interested in trading links or maybe guest writing a blog article or vice-versa? My website addresses a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you’re interested feel free to shoot me an email. I look forward to hearing from you! Superb blog by the way!

  35. I’ve been absent for some time, but now I remember why I used to love this blog. Thanks , I will try and check back more often. How frequently you update your website?

  36. Usually I don’t learn post on blogs, however I wish to say that this write-up very forced me to take a look at and do so! Your writing style has been amazed me. Thank you, very great post.

  37. Great blog! Do you have any helpful hints for aspiring writers? I’m hoping to start my own blog soon but I’m a little lost on everything. Would you suggest starting with a free platform like WordPress or go for a paid option? There are so many options out there that I’m completely overwhelmed .. Any tips? Many thanks!

  38. Whats Taking place i am new to this, I stumbled upon this I’ve found It absolutely useful and it has helped me out loads. I hope to contribute & assist other users like its helped me. Great job.

  39. I have been absent for a while, but now I remember why I used to love this blog. Thanks, I?¦ll try and check back more frequently. How frequently you update your website?

  40. Hiya, I’m really glad I’ve found this information. Nowadays bloggers publish only about gossips and web and this is actually frustrating. A good website with exciting content, that is what I need. Thank you for keeping this site, I will be visiting it. Do you do newsletters? Cant find it.

  41. I do not even know the way I ended up right here, but I assumed this put up was good. I don’t understand who you are but certainly you’re going to a famous blogger if you are not already 😉 Cheers!

  42. What i do not realize is if truth be told how you’re not actually a lot more smartly-favored than you may be now. You’re very intelligent. You recognize thus considerably in relation to this subject, made me in my view imagine it from a lot of numerous angles. Its like women and men don’t seem to be involved unless it is something to accomplish with Woman gaga! Your individual stuffs excellent. At all times care for it up!

  43. Merci pour les beaux post. Je déjà recherche ce sujet pour un jour . Les produits et détails que vous montrez , je n’étais pas au courant. Je serai suivant votre site Web maintenant et idéalement vous pouvez plus vues et idées.

  44. My spouse and I stumbled over here by a different website and thought I might check things out. I like what I see so i am just following you. Look forward to finding out about your web page yet again.

  45. Wow that was odd. I just wrote an very long comment but after I clicked submit my comment didn’t show up. Grrrr… well I’m not writing all that over again. Anyway, just wanted to say great blog!

  46. Can I just say what a reduction to find someone who truly is aware of what theyre speaking about on the internet. You undoubtedly know learn how to bring a difficulty to light and make it important. Extra folks need to learn this and understand this side of the story. I cant imagine youre not more common because you positively have the gift.

  47. It’s perfect time to make some plans for the future and it is time to be happy. I’ve read this post and if I could I want to suggest you few interesting things or advice. Maybe you could write next articles referring to this article. I want to read even more things about it!

  48. I?¦m not positive the place you’re getting your info, but great topic. I must spend a while finding out much more or figuring out more. Thanks for excellent information I was looking for this info for my mission.

  49. Merely a smiling visitor here to share the love (:, btw outstanding layout. “Better by far you should forget and smile than that you should remember and be sad.” by Christina Georgina Rossetti.

  50. An interesting discussion is worth comment. I think that you should write more on this topic, it might not be a taboo subject but generally people are not enough to speak on such topics. To the next. Cheers

  51. I do not even know the way I stopped up right here, however I assumed this submit was once great. I do not recognize who you’re but definitely you’re going to a well-known blogger when you aren’t already 😉 Cheers!

  52. I discovered your weblog site on google and test a few of your early posts. Continue to keep up the superb operate. I just further up your RSS feed to my MSN Information Reader. Searching for forward to studying extra from you afterward!…

  53. It’s the best time to make a few plans for the future and it’s time to be happy. I have learn this post and if I may I want to counsel you few interesting things or suggestions. Perhaps you could write next articles relating to this article. I wish to read even more issues about it!

  54. My spouse and i have been so cheerful when Jordan could finish off his studies from your ideas he came across through your web pages. It’s not at all simplistic to just choose to be handing out information which usually other folks could have been making money from. And we realize we now have you to appreciate for this. The most important explanations you’ve made, the simple web site navigation, the relationships you can give support to create – it’s got many exceptional, and it’s facilitating our son in addition to our family imagine that this content is awesome, which is certainly exceedingly important. Thank you for all the pieces!

  55. I would like to show thanks to you for rescuing me from this particular circumstance. Because of looking out through the search engines and meeting tricks which are not helpful, I figured my entire life was over. Existing without the presence of approaches to the problems you have solved as a result of the blog post is a critical case, as well as those which could have adversely damaged my career if I had not come across the blog. Your primary competence and kindness in touching all the details was tremendous. I am not sure what I would have done if I had not come across such a subject like this. I’m able to at this time relish my future. Thank you so much for this expert and effective help. I won’t think twice to recommend your blog post to anyone who wants and needs support on this problem.

  56. Hey there! Would you mind if I share your blog with my twitter group? There’s a lot of people that I think would really appreciate your content. Please let me know. Thanks

  57. I am now not sure the place you’re getting your information, but good topic. I needs to spend some time learning much more or understanding more. Thanks for excellent information I was on the lookout for this info for my mission.

  58. Hey very cool site!! Man .. Beautiful .. Amazing .. I will bookmark your website and take the feeds also…I am happy to find a lot of useful information here in the post, we need develop more techniques in this regard, thanks for sharing. . . . . .

  59. hi!,I like your writing so much! share we communicate more about your article on AOL? I need a specialist on this area to solve my problem. Maybe that’s you! Looking forward to see you.

  60. Hallo! Ich weiß, das ist etwas off-topic, aber ich habe mich gefragt, ob Sie wissen, wo ich ein Captcha-Plug-in für mein Kommentarformular bekommen könnte? Ich benutze ter dieselbe Blog-Plattform wie Ihre und ich habe Probleme, eine zu finden? Danke vielmals!

  61. Heute war ich mit meinen Kindern am Strand. Ich fand eine Muschel und gab sie meiner 4-jährigen Tochter und sagte: “Du kannst das Meer hören, wenn du das an dein Ohr hältst.” Sie legte die Muschel an ihr Ohr und schrie. Darin war ein Einsiedlerkrebs, der ihr ins Ohr kniff. Sie will nie wieder zurück! LoL Ich weiß, das ist völlig off-topic, aber ich musste es jemandem sagen!

  62. Unquestionably believe that which you stated. Your favourite justification seemed to be on the web the easiest factor to keep in mind of. I say to you, I certainly get annoyed even as people consider issues that they just do not realize about. You managed to hit the nail upon the top as smartly as outlined out the entire thing without having side-effects , other people could take a signal. Will likely be again to get more. Thanks

  63. I haven’t checked in here for a while since I thought it was getting boring, but the last several posts are great quality so I guess I will add you back to my everyday bloglist. You deserve it my friend 🙂

  64. What i don’t realize is in fact how you’re now not actually much more well-favored than you may be right now. You are very intelligent. You realize therefore considerably relating to this matter, produced me in my opinion imagine it from a lot of various angles. Its like women and men aren’t fascinated except it?¦s one thing to accomplish with Woman gaga! Your individual stuffs great. Always maintain it up!

  65. Interesting blog! Is your theme custom made or did you download it from somewhere? A theme like yours with a few simple tweeks would really make my blog jump out. Please let me know where you got your design. Thanks a lot

  66. Hey there! This is kind of off topic but I need some advice from an established blog. Is it difficult to set up your own blog? I’m not very techincal but I can figure things out pretty quick. I’m thinking about creating my own but I’m not sure where to start. Do you have any tips or suggestions? Thanks

  67. Hey There. I found your blog the usage of msn. That is an extremely neatly written article. I’ll be sure to bookmark it and return to read more of your helpful info. Thank you for the post. I’ll definitely comeback.

  68. What i do not realize is in reality how you are now not actually much more well-appreciated than you may be right now. You’re so intelligent. You realize thus considerably relating to this matter, produced me in my opinion consider it from so many varied angles. Its like women and men don’t seem to be involved except it is one thing to accomplish with Woman gaga! Your personal stuffs nice. At all times handle it up!

  69. Have you ever considered about including a little bit more than just your articles? I mean, what you say is important and all. However just imagine if you added some great graphics or videos to give your posts more, “pop”! Your content is excellent but with pics and videos, this blog could definitely be one of the greatest in its niche. Wonderful blog!

  70. This web site is really a walk-through for all of the info you wanted about this and didn’t know who to ask. Glimpse here, and you’ll definitely discover it.

  71. Hey there, You have done a great job. I’ll certainly digg it and personally recommend to my friends. I’m sure they will be benefited from this website.

  72. Ich werde sofort {Ihren rss-Feed greifen, wie ich nicht find Ihr e-mail-Abonnement hyperlink oder e-newsletter-Dienst. Hast du welche? Bitte lass mich wissen damit ich abonnieren darf. Vielen Dank.

  73. Hey there I am so happy I found your blog page, I really found you by error, while I was researching on Digg for something else, Regardless I am here now and would just like to say thanks for a marvelous post and a all round enjoyable blog (I also love the theme/design), I don’t have time to go through it all at the minute but I have saved it and also included your RSS feeds, so when I have time I will be back to read a lot more, Please do keep up the great work.

  74. I think this is among the most vital information for me. And i am glad reading your article. But want to remark on some general things, The website style is great, the articles is really excellent : D. Good job, cheers

  75. I just could not depart your site before suggesting that I actually loved the usual information an individual provide to your guests? Is gonna be back ceaselessly to inspect new posts.

  76. You actually make it seem so easy with your presentation but I find this topic to be really something that I think I would never understand. It seems too complicated and very broad for me. I am looking forward for your next post, I will try to get the hang of it!

  77. What i do not understood is in fact how you’re no longer really a lot more neatly-appreciated than you may be right now. You are so intelligent. You know therefore significantly in terms of this matter, produced me in my opinion imagine it from a lot of various angles. Its like men and women aren’t involved unless it¦s one thing to do with Lady gaga! Your own stuffs outstanding. At all times maintain it up!

News Feed