This problem i am going to write in this paper is about controversy of naturalization. This promblem seems not important but when we look in the how the naturalization happen, its have something wrong with the regulition or maybe the regulation has been violated. In doing this paper i use some methods, i read some newspaper and magazines, i also browse in the internet to finish this paper because there some material i could not find newspapers or magazines. After finish this paper i found that there is some oddity in goverment decision about naturalization of these football player, what is the oddity?
Its going to reveal in this paper. This paper can be use for student who want to know about the problem also to know defect of our regulations and laws. Indonesia is a big country and have a big human resource but it does not make indonesia great country , indonesia in many ways still far behind from most country in the world especially developed country. Indonesia economic is the eight teenth biggest economic power maybe it look big but it still far behind our capability, our natural resources is one of the biggest potential in the world but we still can not manage it by ourself, and althought we have very big human resource in sport we still very far behind other country even in football we have to “import” player from other country to play for us by naturalization.
The last issue in the first paragraf about naturalization i will raise to discuss in this papers i choose the topic because natulization has been makin some controversy about the legality. Naturalization is process of changing status from foreigner to citizen of country. this process particularly have to fullfil some terms that according to national citizenship regulations. In indonesia, citizenship problem is expressed in Undang-Undang No.
12 tahun 2006. Naturalization process of football player for national team importance recently has become an attention. Quality that the naturalization player show is not very satisfied the public opinion and desire. Moreover , it also important to look at the naturalization process that occurs too fast and easy. Some of them actually did not fullfil the terms to get status as indonesian citizenship (WNI) for now. Undang – undang Nomor 12 Tahun 2006 about citizenship of Republic Indonesia (UU Kewarganegaraan).
Give power to president to give naturaization to someone. Naturalization in UU kewarganegaraan is iroduced as pewarganegaraan, means a custom for foreigner to get indonesia nationality with own request. The foreigner absoloutly have to take off their original nationality after getting indonesia nationality because indonesia only. UU kewarganegaraan control tightly the terms and procedure to get indonesia nationality status. There are various process and time duration for a foreigner to wait the request accepted by president. Unfortunately, since the naturalization program for national team almost succeed in AFF cup 2010, goverment seems give easier way to give indonesia nationality status to foreign player.
Some of them ware according to regulation, but some other were not have legal based. In UU kewarganegaraan, there are two way for adult foreigner in order to get indonesia nationality status through naturalization. To make easier to understand in this paper i will use quotation normal procedure and special procedure, i use that quotation because UU kewarganegaraan does not give category. Here is the explanation for detailed: Terms of usual naturalization: a.
Already aged 18 b. When applying the request the foreigner have to already live in indonesia atleast 5 years continously or 10 years uncontinously. c. Healthy body and mind d. Can speaks indonesian and claim pancasila and UUD 1945 as basic of indonesia e. Never accused in crime that have more than 1 years sentanced f. When getting indonesia citizen status, the foreigner have to do not have other citizen status g. Have a job and stabil salary h. Paying tax of naturalization Terms of special naturalization: a. Child that has born from unofficial marriage, aged lower than 18 or have not maried yet. b.
Child of WNI that have not 5 years yet, eventhough has already claimed by other country citizen is still claim as WNI according to court decision. c. Mariage of indonesian with foreigner, whether legitimate or not legitimate as and the WNI parents recognize the child, and the child born in indonesia territory. This child will have double citizen until age of 18 or marriage. d. Give a written statement about choosing indonesia citizen and give to authority and attach needed documentsaccording to regulations. e. Statement have to already given at least 3 years after aged 18 or married f. Foreigner that have contributed to the country with own demands want to become indonesia citizen or can be asked by goverment.
Then, saying oath and promises (do not need to fullfil usual naturalization terms) this alphabet F can be given by president. Normal procedure regulated in Pasal 9, that is person who request indonesian nationality have to be more than 18 years old or had been married, speak indonesian fluently, health body and soul, and never accused guilty in a crime that can be arrest for one year sentanced or more. The one who request also have to had lived in indonesia five years continously or ten years not continously. With this procedure Christian Gonzales get his indonesia nationaity and playing for national team.
The striker stay in indonesia since 2003 after playing for one club in sulawesi. Since that time Gonzales keep stay in indonesia eventhough he have to move from one club to another. Even he already in his 30s indonesia football association still want to naturalized Gonzoles, especially to play in AFF 2010 in jakarta. Indonesia football association consider that indonesia need naturalization player to be the champion at that time. That time gonzales is the only one who were ready to become indonesia nationality according to regulation, moreover he already married indonesian woman from medan so PSSI choose him and help him to get the status. Not long after goverment fullfil his request to get indonsia nationality.
Gonzales finally realease his uruguay nationality and have a right for indonesian passport since 1 november 2010. Beside normal procedure, there is a shortcut for foreigner to get indonesian status. Pasal 20 UU kewarganegaraan mention that, the condition is the foreigner have to have a good deeds for country, like in sport. If they fullfil this condition, then they do not need to follow the normal procedure. Beside has a deeds for country , Pasal 20 also give a chance to naturalization with reason for national importance.
One from that two reason is use by PSSI in both era Nurdin and Djohar to invite a lot of foreign player that has indonesian blood to play for national team with indonesian nationality status by giving them naturalization with special procedure. Exodus of football player that have indonesian blood most of them from europe come to indonesia, some of them are very famous in indonesia like irfan, kim and diego. They had been naturalized eventhougt kim has never play for indonesia means that he is not have a good deeds but still he got indonesia nationality status.
Diego we can see him now on jail because doing a a crime actually he did not fullfil the term to get indonesia nationality status. According to UU kewarganegaraan, we can say that give indonesian status to foreign player with special procedure is not have a strong legality based. Pasal 20 and the explaination justify, giving indonesia nationality status which is not according normal procedure just only for their who have extraordinary good deeds from achivement like become a champion which none of the naturalization player have reach.
Give the attention also to the explanation of pasal 20 which limits the reason of national importance to give indonesian nationality status with special procedure, which is only to a foreigner who contribute to improve national sovereignty especially in economy. We certainly should ask, how much extraordinary contributions that they give for devolopment and achievements for national team. Their achivement in 2010 AFF cup is not brilliant and more dropped in 2012. Some player even do not called to play for national team after gaining indonesia nationality status. Some naturalization player that join the national team are not playing better than local player.
Therefore, it is important to remind the goverment and house of representative that giving indonesia nationality status by special procedure is something that is sacred and exclusive. Its only can be giving for them who really have a great service for the country as honor ang rewards. Special procedure that given by goverment beside it violate the undang undang Kewarganegaraan it also can make other foreigner envy to football player because they think they are not as much important to give indonesia status by special procedure and maybe they will cancel their wish to become indonesian.