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Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.

Elsy Nur Anggraeni; Rini Irianti Sundari; Hadi Susiarno; Aslan Noor

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Obstetricians are often confronted with medical malpractice lawsuits, even when they have acted in accordance with professional standards, medical service standards, operational procedures, and medical ethics. Medical malpractice is generally defined as negligence or deviation from professional standards that results in serious harm to patients (Fiscina, 1999). This study aims to examine the application of the concept of medical malpractice along with its legal implications and to analyze the forms of legal protection available to obstetricians under Law Number 17 of 2023 on Health, viewed from the perspective of the principle of justice. Using a normative juridical method with descriptive-analytical specifications, the research employed a literature study and qualitative deductive analysis. The results indicate that legal protection for obstetricians consists of two dimensions: preventive and repressive. Preventive protection includes the implementation of informed consent, proper medical records, and compliance with standard operating procedures. Repressive protection involves legal defense mechanisms and institutional or professional organizational support. However, this protection remains suboptimal, as the decisions of the Indonesian Medical Disciplinary Board (MKDKI) are not always taken into account by the courts (Rahman, 2022). From the perspective of Rawls’ principle of justice, protection for obstetricians should ensure a balanced recognition of both patients’ and doctors’ rights, thereby promoting fairness and equitable justice for all parties (Rawls, 1971).

Christina Basanova Sidabalok; Miranda Risang Ayu Palar; Helitha Novianty Muchtar

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study explores the importance of protecting the Geographical Indication (GI) of Lamsi Tobacco from Temanggung to safeguard its authenticity and maintain product quality, in accordance with Law Number 20 of 2016 on Marks and Geographical Indications. Lamsi Tobacco is known for its distinctive taste, aroma, and quality, which are influenced by the geographical conditions of Temanggung as well as traditional cultivation practices passed down through generations. However, without legal protection, the authenticity and reputation of this product risk being diminished due to counterfeiting or unauthorized use of its name. The research method employed is normative juridical, which focuses on library research or secondary data by viewing law as a set of written norms enacted by authorized institutions. To strengthen the analysis, this study is also supported by a socio-legal approach that combines legal studies with social sciences so that law is understood not only as written norms but also as a practice that lives within society. The findings indicate that Lamsi Tobacco meets the criteria for Geographical Indication as stipulated in Law No. 20 of 2016 Protection through Geographical Indications not only plays a role in preserving the authenticity and quality of the product but also generates positive economic and social impacts for the community, particularly farmers. Nevertheless, several obstacles remain, such as low legal awareness, administrative difficulties, and the absence of a strong managing institution. Therefore, coordination between the central government, local government, farmer associations, and the community is necessary to realize effective legal protection. Through the registration and protection of Geographical Indications, Lamsi Tobacco is expected to maintain its reputation, increase competitiveness in the market, and make a tangible contribution to the welfare of the Temanggung community as well as the preservation of local culture.

Mulyanto Mulyanto; Miftahul Huda

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesian Migrant Workers (PMI) play a crucial role in the nation's economy, as shown by their participation in overseas employment and the remittances they send back. Nevertheless, PMI frequently encounter challenges such as abuse, exploitation, breaches of contracts, and limited access to legal protections. The comprehensive legal structure designed to ensure their inclusive safety before, during, and after their employment is laid out in Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers. This research aims to analyze the actual practice of legal protections available to PMI, in light of statutory requirements, and to highlight any obstacles encountered in its application. A normative legal research method is used in this study, employing both legislative and theoretical frameworks, and it is informed by relevant academic literature, laws, and judicial rulings. The findings reveal that while Law No. 18 of 2017 outlines thorough protection protocols, its real-world execution faces hurdles such as insufficient oversight, poor cooperation among agencies, and a general lack of legal knowledge among PMI. Consequently, it is essential to enhance institutions, elevate the quality of protective services, and maximize the effectiveness of Indonesian representatives abroad. This study aims to contribute to the development of more equitable and efficient regulations for the safeguarding of migrant workers.

Adelia Adelia

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study is motivated by the rapid development of social media, which has become an inseparable part of children’s lives in the digital era. While children gain educational and creative benefits from social media, they are also exposed to risks from negative content such as violence, pornography, and consumerist behavior, as reported by KPAI (2023) and data from We Are Social & Hootsuite (2024). To analyze this phenomenon, a library research method with a qualitative approach related to the development of children’s thinking patterns, and child protection regulations, aiming to gain a comprehensive understanding of social and juridical implications. The results indicate that social media plays a dual role in shaping children’s thinking: providing positive impacts through learning and creativity, while also posing potential negative influences if not properly supervised. Therefore, synergy is required between law enforcement based on Law Child Protection and Law Information and Electronic Transactions, parental supervision, and adequate digital literacy, so that social media can be used as an educational and safe tool for healthy child development.

Satriya Aldi Putrazta

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses legal protection for victims of human trafficking disguised as job vacancies in Myanmar, which has affected hundreds of Indonesian citizens. This phenomenon shows a new mode of digital-based human trafficking through social media, offering fictitious high-paying jobs that ultimately lead to forced labor in the online scamming sector. This study uses a normative legal research method with a legislative and conceptual approach, which examines Law Number 21 of 2007 concerning the Eradication of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the 2000 Palermo Protocol, and a number of International Labor Organization (ILO) conventions related to forced labor and labor migration. The results of the study show that this case fulfills the elements of human trafficking as stipulated in Article 2 paragraph (1) of the TPPO Law, because there are elements of recruitment, fraud, confinement, and forced labor exploitation. From an international law perspective, these actions violate the provisions of the Palermo Protocol and the ILO convention on the elimination of forced labor. The Indonesian government has a legal and moral responsibility to provide protection and recovery for victims of TPPO, as well as to ensure the principle of non-criminalization. However, the implementation of protection is still hampered by weak supervision of digital recruitment, jurisdictional limitations, and suboptimal cross-border cooperation. Therefore, it is necessary to strengthen the digital-based migrant protection system, enhance bilateral and multilateral cooperation, and apply the principle of state due diligence in the prevention and enforcement of laws against cross-border TPPO.  

Rizky Zulkarnaen; Muhammad Hilqiya; Riska Indah Andini; Siska Sari; Yudi Widagdo Harimurti

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the urgency of enacting a specific Electronic Waste Management Law in Indonesia as a legal foundation to support the achievement of net zero emissions. Using a normative juridical approach, the research analyzes existing legal shortcomings, the application of the Extended Producer Responsibility (EPR) principle, and comparative insights from international e-waste regulatory frameworks. The findings indicate that current environmental regulations, such as Law No. 32 of 2009 on Environmental Protection and Management and Government Regulation No. 101 of 2014 on Hazardous Waste Management, do not explicitly regulate electronic waste. As a result, e-waste management remains fragmented and largely handled by the informal sector without adequate supervision or accountability mechanisms. Therefore, the establishment of a comprehensive E-Waste Law is crucial to enhance Indonesia’s legal structure, substantive norms, and legal culture in supporting a sustainable circular economy. Through the implementation of EPR and shared responsibility among producers, consumers, and government institutions, the law can function as a strategic tool to minimize electronic waste generation, improve recycling efficiency, and reduce carbon emissions. Such legal innovation would reinforce Indonesia’s environmental governance and accelerate progress toward its national goal of achieving net zero emissions by 2060.

Nefrisa Adlina Maaruf; Abdul Kholib; Beniharmoni Harefa

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the changes in the authority of the Professional Disciplinary Council (Majelis Disiplin Profesi, MDP) under Law Number 17 of 2023 concerning Health and their implications for legal certainty for medical and health professionals. Although these changes are intended to improve the professional disciplinary system, they have resulted in the centralization of authority under the Ministry of Health, including the appointment of members, institutional formation, and the process of judicial review of MDP decisions. Furthermore, MDP recommendations can now serve as a basis for criminal investigations against medical and health personnel, which contradicts the original function of the MDP as an institution for enforcing ethics and professional discipline based on due process of ethics. This research employs a normative juridical method with a descriptive-analytical and case study approach, supported by expert interviews in health law. Theoretical frameworks used include the Theory of Legal Certainty, the Theory of Human Rights, and the Theory of Legal Protection. Findings indicate that the centralization of authority under the Ministry of Health has created a power imbalance in professional oversight. This has negative implications for legal protection, increasing the risk of conflict of interest, abuse of authority, and weakening legal certainty for medical and health professionals. Therefore, it is necessary to revise Law No. 17 of 2023 and Government Regulation No. 28 of 2024 to restore the independence of the MDP and ensure a proportional redistribution of authority within the health professional oversight system.

Zakia Lutfiah Khoirun Nisa; Izzul Nurdin Setyawan; Siti Khotijah

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid growth of global digital technology has significantly reshaped social, economic, and legal systems. This transformation presents new challenges for states in fulfilling their legal responsibilities toward digital consumer protection amid the emergence of global citizenship. This study aims to analyze the forms of state responsibility in protecting digital consumer rights through legal and transnational ethical perspectives. Using a normative juridical method with conceptual and statutory approaches, this research focuses on national legal instruments such as Indonesia’s Personal Data Protection Act No. 27 of 2022 and regional policies such as the ASEAN Digital Framework Agreement 2025. The findings reveal that states bear dual responsibilities: protecting citizens’ digital rights domestically and adhering to international norms globally. This responsibility involves law enforcement against data violations, policy harmonization, and the strengthening of digital ethics. The study concludes that cross-border cooperation and ethical integration are essential to ensure fair and sustainable digital governance.

Sabardin, Sabardin; Rahman, Muhammad Sabir; Syahril, Muh. Akbar Fhad; Wiwin, Wiwin; Tijjang, Bakhtiar

DINAMIKA HUKUM 2025 Universitas Stikubank

This study analyzes the legal position of the captain in the structure of maritime employment relations with a case study at PT. Kembang Mekar Indah, which highlights the gap between the normative provisions in the Commercial Code (KUHD), Law Number 17 of 2008 concerning Shipping, and the Maritime Labor Convention (MLC) 2006 with the implementation practices in the field. This study uses a normative-empirical legal method through literature studies and interviews with captains and company representatives, analyzed qualitatively-descriptively to compare legal norms and empirical reality. The results of the study indicate that maritime employment agreements still place captains on an equal footing with ordinary workers even though the legislation confirms their position as the highest leader on board and the legal representative of the ship owner. Empirical findings show that the fulfillment of the captain's rights to salary is 80%, work facilities 60%, legal protection 40%, and regulatory socialization only 20%, indicating an imbalance in legal protection and weaknesses in the substance of the employment contract. Therefore, it is necessary to reformulate the shipping legal system by improving maritime work agreements, strengthening the role of harbormasters, and harmonizing national regulations with the 2006 MLC standards in order to create maritime work relations that are professional, fair, and adaptive to international maritime law.

Nabilah Rahmawati; Balqis Athyan Thadika Marchtika; Aulia Nur Azizah; Salsabila Firdaus

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

With the rise in human migration across national boundaries in the age of globalization, the issue of dual citizenship has become more and more important. Dual citizenship brings up a number of issues in the context of international law about legal status, diplomatic protection, and allegiance to both the nation of origin and the nation of residence. Increased cross-border social interactions that push people to hold several citizenships, technological improvements, and increased global economic integration have all complicated this dynamic. As a nation that upholds the idea of a single citizenship, Indonesia has trouble aligning its national laws with the shifting global legal framework, which governs things like dual citizenship, migration, and statelessness. is often more accepting of the practice of dual citizenship. From an international law standpoint, this research seeks to examine the subject of dual citizenship and its consequences for Indonesia's citizenship legislation and legal system. With a juridical-comparative examination of international legal instruments, scholarly publications, and applicable national legislation, the study uses a normative methodology. The results show that Indonesia's single citizenship concept conflicts with the worldwide trend that prioritizes human rights, diverse identities, and diaspora protection. Indonesia, according to the research, should think about changing its citizenship laws to take into account global concerns while still protecting its sovereignty, national stability, and core national values.

Destia Purwaningsih; Maulida Maulida; Nabela Nabela; Surya Sukti; Rafik Patrajaya

Perspektif Administrasi Publik dan hukum 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study provides an in-depth analysis of the urgency of employing a contextual approach to the Qur’an and Sunnah as a hermeneutical framework for addressing the increasingly complex social problems in Indonesia. Based on the premise that divine revelation encompasses both textual and contextual dimensions, this research underscores the necessity of reinterpreting Islamic teachings by considering the sociocultural, economic, and intellectual transformations of modern society. Utilizing library research and extensive scholarly literature review, the study examines the contributions of the contextual approach in revitalizing maqāṣid al-sharī‘ah, advancing social exegesis, promoting productive zakat models, strengthening child protection policies, developing environmental jurisprudence, and enhancing social ijtihād during crisis situations such as the Covid-19 pandemic. The findings demonstrate that a contextual approach enables Islamic teachings to be articulated into more adaptive, inclusive, and progressive ethical principles without compromising their theological foundations. This approach also reinforces the integration of social sciences into Islamic studies, thereby producing legal formulations and public policies that promote public welfare, social justice, and ecological sustainability. Overall, the study concludes that the contextual approach is not merely a method of interpretation but a civilizational paradigm essential for shaping Islam’s relevance within Indonesia’s multicultural society. By fostering a dialogical encounter between scriptural texts and empirical realities, this approach preserves the vitality of Islamic teachings while ensuring their constructive and sustainable contribution to resolving national issues.  

I Dewa Made Satya Dwisadewa; Dewa Ayu Putri Sukadana; I Gede Agus Kurniawan; Ni Putu Sawitri Nandari

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.

Hana Aurelia; Dwita Tarisa Putri; Zahra Aurrelia

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The practice of naming rights through trademark licensing agreements on public facilities has become a common commercialisation strategy in Indonesia. However, when the object of naming rights is a public facility with cultural heritage status, legal uncertainty arises due to the absence of specific regulations governing the intersection between Law No. 20 of 2016 concerning Trademarks and Geographical Indications and Law No. 11 of 2010 concerning Cultural Heritage. The objective of this study is to analyse the regulation of naming rights on public facilities with cultural heritage status and to identify any differences in the application of trademark law in the cases of Semarang Tawang Station and Cirebon Kejaksan Station. The study employs a normative juridical method, utilising secondary data collection techniques and is supported by tertiary legal materials, employing a legislative, analytical and comparative approach. The results of the study indicate a discrepancy in the regulatory framework for naming rights concerning cultural heritage, leading to legal ambiguity due to inconsistent implementation. This is exemplified by the contrasting outcomes at Semarang Tawang Station, where the naming rights agreement with Bank Jateng was successfully executed, and at Cirebon Kejaksan Station, where the agreement was terminated despite both stations possessing cultural heritage status. The study recommends the introduction of comprehensive special regulations to harmonise the protection of exclusive trademark rights with the preservation of the identity and historical value of cultural heritage sites.  

Catherine Regina Widyasari; Sutarno Sutarno; Mohammad Zamroni

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Hospitals, as healthcare institutions, bear the responsibility of delivering safe, high-quality, and patient-centered services. Hospital accreditation serves as a crucial mechanism to ensure service quality and legal protection for patients, particularly in medical dispute cases. This study aims to analyze the impact of accreditation on patient legal protection, both preventively and repressively. The research employs a normative legal method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials. Data were analyzed through document studies covering Law Number 17 of 2023 on Health, government regulations, presidential regulations, and technical regulations from the Ministry of Health regarding accreditation standards and procedures. The findings indicate that accreditation functions as a continuous evaluation mechanism to ensure medical services comply with safety standards and clinical governance, strengthens patients’ rights to information, informed consent, and quality care, and reduces the risk of medical disputes. However, implementation challenges exist, including limited resources, compliance performed as formalities, and inconsistent supervision. Therefore, accreditation is not merely an administrative symbol but a strategic legal instrument that enhances patient safety culture and hospital accountability, ensuring that healthcare delivery meets professional, ethical, and legal standards.

Abdul Bari; Achmad Taufik

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the urgency of reforming law enforcement institutions in handling child offenders in Indonesia. The enactment of Law No. 11 of 2012 on the Criminal Justice System for Children (SPPA) marked a paradigm shift from retributive justice to restorative justice. However, its implementation has not been optimal because law enforcement institutions are still sectoral and not integrated. This study uses a normative juridical approach with empirical juridical support to analyse the conformity of legal norms with institutional practices. Data were obtained from legislation, scientific literature, and interviews with law enforcement officials and child protection practitioners. The results show that the implementation of diversion is still low due to weak coordination between institutions, limited human resources, and the absence of an integrated institutional mechanism. Institutional reform is needed to strengthen synergy between institutions, foster a humanistic mindset among officials, and ensure child protection in accordance with the principles of restorative justice. This study recommends the establishment of a permanent coordination body between child law enforcement agencies and ongoing training for officials. Institutional reform is seen as a strategic step towards realising a juvenile justice system that is not only normative but also substantively fair and restorative.

Tias Rachmawati

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This research examines compliance with gold pawn guarantee execution procedures from a civil law perspective, using a case study of Medan District Court Decision Number 738/Pdt.G/2023/PN Mdn. The background to this research stems from the growing practice of gold pawning in society as a solution for quick cash needs, but it often raises legal issues related to the execution process of the pawned goods. The issues raised in this paper are the procedures for executing gold pawn guarantees according to applicable law and whether PT. Gadai Mas Sumut's actions in this case comply with legal provisions. This research method uses a normative juridical approach by examining Articles 1150-1160 of the Civil Code, the Consumer Protection Law, and PMK Number 122 of 2023. The analysis shows that, normatively, creditors have the right to execute pawned goods if the debtor defaults. However, execution must be carried out in accordance with legal procedures, the principle of good faith, and transparency, including through a public or voluntary auction. In the case of PT. In the case of the North Sumatra Gold Pawn, the execution was carried out without adequate notification and without evidence of an official auction, thus being deemed to have failed to meet the principle of legal compliance. Therefore, this article concludes that gold pawn execution practices must be based on the principles of legal certainty and debtor protection to prevent similar losses and disputes in the future.

Kamri, Andi Khaedhir

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

One form of sanction regulated in the law is the act of returning to parents. This action aims to return children to their family environment so that they can be fostered and directed properly. In Article 59 of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is stated that the government and State institutions have an obligation and responsibility to protect children by providing special protection to children, especially to children who are dealing with the law, both children in conflict with the law and children as victims of criminal acts. This research uses the Normative Juridical research method. This method is carried out by conducting an assessment and analyzing laws and regulations. The results of the study were that the effectiveness of the sanctions for return actions was also influenced by the socio-economic conditions of the family. Many families experience economic difficulties so that they are unable to provide good education and supervision to children. In conclusion, the application of sanctions for returning actions to parents against children who commit criminal acts has a strong legal basis, but still faces various challenges in practice. The effectiveness of these sanctions is greatly influenced by the role of parents, family socioeconomic conditions, and existing social stigma. Therefore, a comprehensive approach is needed to improve the success of child rehabilitation.

Dicky Kurniawan; Hairani Siregar

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Sexual violence against children is a highly complex issue with profound negative impacts on both the victims and their social environment. Children with disabilities, particularly those with Down Syndrome, are among the most vulnerable to such abuse due to their physical and cognitive limitations. Given this context, the role of non-governmental organizations (NGOs) such as the Child Protection Agency (LPA) becomes crucial. LPA plays a vital role in providing support, advocacy, and assistance to child victims of sexual violence, especially those with disabilities. This study aims to examine the protective role of LPA in assisting children with Down Syndrome who have become victims of sexual violence in Deli Serdang Regency. Using a qualitative method with a phenomenological approach, the research explores and interprets the lived experiences of informants involved in the cases. The study also highlights the implementation of the four child protection principles as applied by the LPA. The findings show that LPA fulfills its protective role by providing legal assistance, psychosocial support, and ensuring the safety of the victims. The organization successfully implemented the four child protection principles, resulting in a 12-year prison sentence for the perpetrator and justice for the victim. The study recommends increasing LPA staff capacity to enhance the quality of services provided.

Nafna Dhini Harisha; Kharisma Kusuma Dewi; Hanifah Ramadani Oktafiani; Nur Sholikhah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Human mobility between countries has become an inevitable phenomenon in an increasingly open era of globalization. One of the tangible consequences of this mobility is the increasing number of mixed marriages between Indonesian citizens and foreign nationals. Although mixed marriages are a great way to interact across the globe, they often cause difficult legal problems, especially regarding the citizenship status of children born from these marriages. Children may be at risk of statelessness, or without citizenship, if the legal systems and principles between countries differ. This contradicts the principle of protection of human rights in international law. The purpose of this study is to examine the regulation of citizenship for children born to mixed marriages from an international law perspective. In addition, this study also investigates its relationship with Indonesian national law, particularly Law No. 12 of 2006 concerning Citizenship of the Republic of Indonesia and other related legal instruments. To gain a better understanding of the compatibility between national legal practices and international standards, a legislative, case, and comparative approach was used in this study. The results of the study show that, although Indonesia has adopted several principles of international law to prevent loss of citizenship and grant limited dual citizenship recognition to children born of mixed marriages, there is still a gap between the normative and its implementation. This discrepancy can lead to legal uncertainty and reduce the protection of children's rights. In conclusion, this study emphasizes that national and international law in the field of citizenship must be harmonized to build a legal system that is responsive, fair, and in line with global societal progress, as well as to protect children's rights at the international level.