ANALISIS KEPUTUSAN GARNISUN TERHADAP GLORIA NATAPRADJA HAMEL SEBAGAI ANGGOTA PASKIBRAKA YANG BERKEWARGANEGARAAN GANDA MENURUT UNDANG-UNDANG NOMOR 12 TAHUN 2006

Abstract

This research discusses about the legal analysis of the position, functions, duties and authority of government and non government agencies in connection with citizenship status and position of a mixed marriage child as well as the implementation into Paskibraka activities. This research using a normative juridical / doctrinal method, which serves as a legal norm (Law in the book) and process by way of literature study, seeing the law as a function of the norm. The approach taken is the approach of the law (Statute Approach), the approach of the concept (Conceptual Approach), and the approach of the case (Case Approach). Garrison decision on the 2016 Paskibraka prospective member Gloria Natapradja Hamel used to be an example through many problems of dual citizenship status limited embraced the Indonesian State. This research aims to determine the limits of Garrison authority on the Gloria Natapradja Hamel issues of dual citizenship status in Paskibraka membership requirements. The results of this research indicate that there are irregularities of authority and abuse of Indonesian Civilization Act No. 12 of 2006, as evidenced by the decision of the Garrison and the Ministry of Justice and Human Rights to eliminate Gloria from Paskibraka membership without looking through the Rights of the Children related to Principles of Dual Citizenship Status.