The Rights to Nationality for Indonesian Ex-ISIS Combatants Repatriation Under International Law

After the fall of ISIS in 2019, Indonesian Government has decided not to repatriate hundreds citizenship of Indonesians who incorporated with ISIS. However, the right of citizenship is secured in the Article 15 of the Universal Declaration of Human Rights, in which Indonesia also a State party, mentioned that “every person has a right to nationality”. Furthermore, Article 1 of the 1930 Hague Convention on Certain Question Relating to the International Law stipulates the law on nationality shall be in line with other state nationality practice and so far, as its consistence with the international convention, international custom and the principle of law generally recognized on nationality. The research is a normative legal research by using a statute approach and case approaches through literature review. The research aims to discuss and analyze the rights to nationality of Ex ISIS Combatants under International Law, the implementation of Article 1 (1) of the 1945 Convention Relating to the Status of Stateless Person. The results of the research shows, the obligation and responsibilities in light of the convention to protect and ensure the rights of everyone to holds a nationality. Hence, the state discretion regarding a nationality is particularly limited on the several conditions.