Citizenship Policy for Diaspora: A Comparative Study of Global Citizenship of Indonesia (GCI) with Overseas Citizenship Policies of India, the Philippines, and South Korea in the Perspective of Lawrence M. Friedman's Legal System Theory

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Abstract

Globalization demands that countries adopting the principle of single citizenship innovate in mobilizing the potential of the diaspora without violating national sovereignty. This study examines the Global Citizenship of Indonesia (GCI) policy as a diaspora retention strategy, compared to similar schemes in Asia, namely the Overseas Citizenship of India (OCI), the Balikbayan Program (Philippines), and the F-4 Visa (South Korea). Using a comparative juridical-normative method with a sociological approach to law, this study analyzes the effectiveness of the policy through Lawrence M. Friedman's Legal System Theory, which encompasses the aspects of Structure, Substance, and Legal Culture. The results show significant variations in the functioning of legal systems in each country. India and the Philippines demonstrate positive synergy across all three elements, supported by a societal culture that honors the diaspora, while South Korea emphasizes a pragmatic, economic-based substance. The findings in Indonesia indicate that although GCI represents a progressive breakthrough in structure and substance through the Permanent Stay Permit (ITAP) facility, its effectiveness faces the challenge of dissonance in the Legal Culture aspect. Social resistance and a bureaucratic paradigm that still views the diaspora as a foreign entity are the main obstacles. The study concludes that successful implementation of the Global Citizenship of Indonesia (GCI) requires harmonization of sectoral regulations and the reengineering of the legal culture to shift the national paradigm from protectionism to utilizing the diaspora as a strategic asset

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