Legal Review Of Administrative Violations Of The Status Of Foreign Citizens (Wna) In The Election Of Regent Of Sabu Raijua Based On Mk Ruling No 135/Php.Bup-Xix/2021

Abstract

Problems regarding citizen status recently occurred in the implementation of the 2020 simultaneous regional elections due to administrative violations of foreign citizen status in regional head elections, this problem occurred when the Regent of Sabu Raijua Regency, Orient Patriot Riwu Kore (Orient) was elected as the elected Regent in NTT based on KPU Decree Number 342/HK.03.1-Kpt/5320/KPU-Kab/Xll/2020 concerning Determination of the Recapitulation of Vote Count Results and Determination of the Results of the 2020 Sabu Raijua Regent and Deputy Regent Election, dated December 16, 2020, who turns out to have Citizen status Foreign Country (WNA). This research was gathered through the use of documentation methodologies and a statutory approach. The data analysis technique employs qualitative techniques, which are then systematically collated to produce tangible data on Administrative Violations of the Status of Foreign Citizens (WNA) in the Sabu Raijua Regency Regent Election Based on Constitutional Court Decision No. 135/Php.Bup-Xix/2021. Based on the results of the dual citizenship provisions for regional official candidacy that apply in Indonesia are must be an Indonesian citizen, apart from that in Law Number 12 of 2006 concerning Citizenship which provides a time limit for having dual citizenship, namely the age limit of 18 years. The Constitutional Court nullified the appointment of Regent Orient Riwu Kore after discovering that his brother possessed a valid United States Passport, in contravention of Citizenship Law Number 12 of 2006.