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Adrianus Berek; Julita Fuka; Leonarda Luisa Seran; Ikson Banfatin; Kornelia Tsu +2 more

SOSIAL: Jurnal Ilmiah Pendidikan IPS 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to explain the Rohingya diaspora and the challenges of cultural adaptation in host countries. This study uses a library research method where data collection in this study uses various materials and materials available in libraries such as books, scientific articles/journals, and documents that are relevant to the research topic. The results of the study show that the state of Myanmar through the Burma Citizenship Law 1982 policy has designated only 135 ethnicities recognized as its citizens and the Rohingya ethnic group is not included in it. As a result, they legally lose their citizenship status (stateless), rights to land, education, employment, and a decent life. Lacking legal legitimacy makes the Rohingya ethnic group trapped in a cycle of discrimination and poverty. Therefore, in search of a decent life, the Rohingya ethnic group migrates to seek new asylum to neighboring countries such as Bangladesh, Thailand, and Indonesia in the hope of getting a decent living. In refugee camps, a process of cultural acculturation occurs where as a group of immigrants (the Rohingya ethnic group) must get used to accepting and adapting to the new environment, culture, and lifestyle without forgetting their identity as the Rohingya ethnic group.

Fathoni Abdulfalih; Muhammad Yasykur Ibadurrahman; Jamaluddin Ahmad; Abdillah Azzam Ramadhan

Karakter : Jurnal Riset Ilmu Pendidikan Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The refugee and asylum seeker phenomenon raises complex legal issues, especially concerning their citizenship status and international legal protection. Many refugees face statelessness, which requires legal safeguards under international instruments such as the 1951 Refugee Convention and the 1967 Protocol. However, Indonesia has not ratified the 1951 Convention, relying instead on Presidential Regulation No. 125 of 2016. This study aims to compare the citizenship status of refugees and asylum seekers under international law and Indonesian national law. The research employs a normative legal method with a comparative approach by examining legal instruments, academic journals, and literature. The results show that international law provides broader protection, while Indonesian national law is limited to administrative and humanitarian aspects without granting permanent citizenship. In conclusion, there exists a normative gap between international conventions and Indonesian legal policies, requiring harmonization to ensure adequate protection for refugees and asylum seekers.

Miftahul Jannah; Nabila Putri Fauziyah

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

Land ownership in Indonesia has both philosophical and juridical dimensions closely linked to citizenship status. According to the Basic Agrarian Law (UUPA) of 1960, only Indonesian citizens are entitled to hold full ownership rights over land. This study aims to analyze the philosophical and juridical foundations of citizenship as a prerequisite for land ownership and its implications for social justice and national sovereignty. The research employs a normative legal method with statutory, conceptual, and philosophical approaches. Data are obtained through literature review of legislation, court decisions, and scholarly works, including Ahmad Muhammad Mustain Nasoha’s views on citizenship in the agrarian law context. The results indicate that restrictions on foreign land ownership are not merely administrative policies but a philosophical manifestation of the idea that land is essential to state sovereignty and public welfare. Juridically, this regulation reinforces the principles of nationality and distributive justice within Indonesia’s agrarian legal system. The study concludes that citizenship as a requirement for land ownership functions as a legal safeguard of the nation’s right to the land and a means to achieve social justice.  

Muhammad Kharismaning Jagad Raya; Annisah Eka Dewi Saputri; Nabila Deslara Diva A.R

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

Losing citizenship has significant legal consequences, particularly concerning land ownership rights. According to the Basic Agrarian Law (UUPA) No. 5 of 1960, land ownership is only permitted for Indonesian citizens. Therefore, individuals who lose their citizenship status automatically forfeit their right to own land. This study aims to analyze the legal implications of losing citizenship on land ownership rights and the resolution mechanisms outlined in the UUPA. The research employs a normative legal approach using secondary data sources such as laws and regulations, legal literature, and court decisions. The findings indicate that individuals who lose their citizenship are required to relinquish or transfer their land ownership within one year. If this is not done, the ownership rights will be nullified by law, and the land will revert to the state. This reflects the protection of the principles of nationality and national sovereignty in land control. Therefore, resolving land ownership issues for individuals who lose their citizenship is crucial to balancing individual rights and state interests.

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.

Nirmala Suci Paramesti; Afthina Aulya Fatma; Rifa Ardian Fahreza

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

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

Kevin Maulana AG; Citra Lestari; Auliya Arifatun A

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Consumer protection is a fundamental aspect in ensuring social justice and legal certainty for all individuals involved in the market, including citizens (WN) and non-citizens (NWN). This study aims to analyze the differences in legal protection for WN and NWN consumers in Indonesia by examining the legal status as well as the practice of its implementation. The research applies a normative juridical approach with descriptive-qualitative analysis based on the Consumer Protection Law, its derivative regulations, and case studies of court decisions related to consumer disputes. The results show that, normatively, Law No. 8 of 1999 concerning Consumer Protection does not differentiate between citizens and non-citizens. However, in practice, there are significant challenges such as administrative barriers, limited access to information, and language difficulties faced by non-citizen consumers. These findings indicate a gap between universal legal norms and the implementation that remains biased toward citizenship status.The study concludes that although Indonesian regulations guarantee equality in consumer rights, there is a need to strengthen implementation mechanisms that are more inclusive, particularly for foreign consumers. This research contributes to the discourse on consumer protection by emphasizing the importance of harmonizing non-discrimination principles with the effectiveness of law enforcement.

Neysa Brillian Abida; Nasywa Syifa

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Marriages between Indonesian citizens and foreign nationals present complex legal challenges, particularly regarding the citizenship status of children born within such unions. This research explores the legal tension between Indonesia’s Marriage Law No. 1 of 1974 and Citizenship Law No. 12 of 2006, which adopt different approaches to the inheritance of nationality and the safeguarding of children’s rights. Employing a normative juridical method, the study examines statutory regulations, judicial rulings, and scholarly legal works, supported by a comparative analysis of practices in other jurisdictions. The results demonstrate that although the 2006 Citizenship Law introduced the notion of limited dual citizenship for minors, the family unity principle maintained in the Marriage Law creates procedural ambiguities especially in matters of registration and the age threshold for citizenship determination. Such inconsistencies often give rise to administrative barriers that may place children at risk of statelessness. The study argues that aligning the two legal frameworks is imperative to achieve legal certainty and uphold the best interests of the child, consistent with international conventions ratified by Indonesia. It further suggests amending overlapping provisions and improving administrative mechanisms to ensure more coherent and effective citizenship protection for children of mixed marriages.

Ainiyyah Lumula, Adelia Nurfatma; Rajak, Arafik; Moonti, Roy Marthen

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

The rejection of isbat nikah applications in religious court practice, particularly in the context of polygamy, is a complex issue with far-reaching implications for the legal status of marriage, the rights of wives and children, and legal certainty. This study aims to analyze the legal considerations of the panel of judges in rejecting the application for isbat nikah polygamy at the Kwandang Religious Court and to examine the legal consequences arising from the rejection. This research uses an empirical juridical method with a case approach, which is analyzed based on primary data in the form of court decisions and interviews with judges and related parties, and secondary data in the form of legal literature, legislation, and relevant legal journals. The results show that the rejection of polygamous marriage isbat nikah applications is generally caused by the non-fulfillment of substantive requirements as stipulated in Pasal 4 and 5 of Undang-Undang Nomor 1 Tahun 1974 concerning Marriage jo. Compilation of Islamic Law (KHI), such as the absence of permission from the first wife or the lack of proof of the reasons that allow polygamy. The legal consequences of this rejection include the formal non-recognition of the legal status of the second marriage, which has an impact on the non-fulfillment of the civil rights of the second wife and the children born, such as inheritance rights and citizenship status. This study recommends the need to strengthen legal education to the community as well as harmonization between state law and religious law to ensure the legal protection of women and children in the context of polygamy.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur; Ananda Aulia; Rosyidatul Husna; Gayatri Kartika

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This article discusses citizenship status in Islamic law, focusing on case studies of Muslim minorities in non-Islamic countries, while considering the dynamics of national law and human rights. The research highlights that in Islamic law, citizenship is often associated with membership in the ummah, although modern Muslim states have adopted contemporary citizenship systems. Developments in Indonesian citizenship policies in the last five years, particularly concerning migration and the rights of foreign nationals married to Indonesian citizens, are also analyzed. However, the implementation of these policies faces challenges due to inconsistencies between national law and Islamic principles related to religious identity. The perspective of Islamic law emphasizes the safeguarding essential rights and human worth, in addition to fairness in the treatment of all individuals. The integration of muslim communities residing in western nations poses challenges in distinguishing the majority from extremist minorities. Additionally, equality, the liberty to make individual choices, and partnership are seen as key elements in shaping the societal lives of muslims across western regions. Therefore, a comprehensive understanding of the interaction between national laws and Islamic principles is needed to guarantee the safeguarding of the rights of muslim minorities worldwide.

Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.

Bunga Aldila Putri; Fandhika Al Khairi; Yusuf Taufiqurahman; Yuanita Fatma Anisa F; Deni Kurniawan

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

The meeting of foreign elements resulted from a relationship between foreign citizens (WNA) and Indonesian citizens (WNI) which resulted in the occurrence of International Private Law. Until now, the problem that can occur due to the existence of these two elements is regarding the status of children from extramarital relationships between foreigners and Indonesian citizens. This will happen because there are many considerations regarding the child's status, such as the laws of the country where the child was born and the laws of the country where both parents come from. There are a number of countries that adopt the jus soli principle, which means that the child will be considered a citizen of the country where he was born. This is different from other countries that apply the jus sanguinis principle, which means that the child will obtain citizenship status from one or both parents, regardless of where the child was born. Seeing this problem, this research discusses the status of the child if this occurs because a relationship is not registered as a marriage relationship. Then there is another discussion regarding the distribution of inheritance if the marriage relationship is not recorded. In this research, the method applied is the normative juridical method by looking at existing data and presenting it descriptively. It is hoped that with this research readers will be able to understand and add information related to the research.  

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Latifah Isti’anah; Annada Ashfa Urroozanah; Neysa Kunthi Cahya Latifa

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the implications of citizenship on land ownership rights within Indonesian agrarian law. It examines how citizenship status affects the rights to land ownership, focusing on the legal framework established by Indonesian laws, including the Basic Agrarian Law (UUPA) and other relevant regulations. The study employs a qualitative approach, utilizing literature review and case analysis to identify key issues and challenges in the implementation of land ownership laws. Findings reveal that full land ownership rights are exclusively granted to Indonesian citizens, while foreign nationals face significant restrictions. The research highlights several challenges in legal implementation, including bureaucratic inefficiencies and inconsistencies between laws and practical applications. The paper concludes with recommendations for regulatory reforms, improved administrative processes, and enhanced transparency to better support both domestic and foreign stakeholders in land ownership. These recommendations aim to address existing problems and facilitate a more equitable and efficient land management system in Indonesia.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Auria Trisi Novi Ana; Ari Maulana Ramadhan; Luthfiah Luthfiah

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship and education policies in Indonesia play a crucial role in determining children's rights and access to quality education. However, challenges arise when addressing children with unclear citizenship status, such as those born to parents without permanent citizenship or those caught in ambiguous legal situations. This abstract examines how the uncertainty of citizenship status affects the access to and quality of education for these children in Indonesia. The study highlights major issues faced, including limited access to formal schooling, lack of adequate official documentation, and legal instability that restricts educational rights. Additionally, it explores existing government policies and the challenges in implementing them concerning the protection of educational rights for children with unclear citizenship status. The findings reveal the need for more inclusive policy reforms and effective strategies to ensure that all children, regardless of citizenship status, can enjoy their right to quality education. The study suggests a more holistic, human rights-based approach to addressing these issues and advocates for enhanced collaboration between government agencies, civil society, and international organizations to develop sustainable solutions.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alifia Syifaurrohmah; Amanah Cantik Lintang Cahyani; Surya Gilang Ramadhan

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Fitri Wahyu Anggraini; Della Rahmayani; Robith Thoriq Al-kautsar

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the intersection of citizenship and land tenure, examining how legal frameworks influence access to land and impact social identities within agrarian contexts. Employing doctrinal legal research, this research synthesizes literature and analyzes primary legal sources to uncover the principles governing land rights as they relate to citizenship status. The study utilizes a combination of statutory, case, conceptual, historical, and comparative approaches to provide a comprehensive view of land tenure systems across different regions and cultures. Findings indicate that citizenship status significantly affects land ownership and tenure security, often marginalizing certain groups such as women, indigenous communities, and non-citizens. The results underscore the need for legal reforms that recognize equitable land rights and address social disparities within land governance frameworks. This research contributes to the ongoing discourse on agrarian law, advocating for policies that prioritize social justice and inclusivity, thereby enhancing sustainable development and resource management.Keywords: agrarian law, land ownership rights, citizenship dynamics, Indonesian citizens, legal framework.  

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Ilham Thoriq Hidayatullah; Kamelia Zahra Ardiani; An nisaa Nur Sifa Az Zahra

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the impact of foreign direct investment (FDI) on citizenship policies in Indonesia and explore how changes in these policies can affect citizens' rights and national sovereignty. The research uses a qualitative approach with a literature review method. A literature review is a type of research conducted by collecting and analyzing existing data or scholarly articles to address problems and understand fundamental issues. The reason for using library research is that the researcher needs data from various sources such as books and previous research journals. Using this method, the researcher identifies relevant topics aligned with the research goals and then analyzes journals and books to answer questions about how FDI significantly impacts Indonesia's economy, driving growth, job creation, and global competitiveness. However, citizenship policies related to FDI require careful attention to balance investment needs with national sovereignty. Reforming policies to simplify residency and citizenship status for foreign investors could make Indonesia a more attractive investment destination, but it might also raise concerns about the impact on the rights of native citizens and national integrity. To manage these effects, Indonesia needs to develop integrated citizenship policies, conduct regular evaluations, enhance transparency, and learn from international practices. With a careful approach, Indonesia can maximize the benefits of FDI while maintaining national interests.  

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Ammar Farid; Jazz Kyanu Azzahra; Siti Hanifah Jauharoh Wahidah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This think around focuses to essentially and comprehensively see at the concept of citizenship from the focuses of see of sacrosanct law and Islamic law. Citizenship may be a legal status that characterizes the rights and commitments of an individual interior a state. Inside the setting of sacrosanct law, citizenship is controlled through constitutions and citizenship laws that incorporate distinctive perspectives such as the benchmarks of citizenship (ius soli, ius sanguinis), human rights, and conscious commitments. Sacrosanct law besides considers the measures of vote based framework, value, and adjust in choosing citizenship status. On the other hand, from the point of see of Islamic law, the concept of citizenship isn't because it were seen from a legal-formal point but in addition incorporates moral and ethical estimations. Islamic law gives heading on the commitments and rights of individuals as parcel of the ummah (the Muslim community), based on Shariah measures such as value ('adl), open welfare (maslahah), and the confirmation of fundamental human rights. Besides, Islamic law considers the rights of non-Muslims interior an Islamic state setting through the concept of "ahl al-dhimmah" (guaranteed people) and the benchmarks of minority rights security. This examine grasps a essential and comparative examination approach to evaluate the resemblances and contrasts between these two perspectives. The revelations illustrate that in show disdain toward of foremost contrasts in their philosophical and methodological bases, both secured law and Islamic law share common goals, to be particular the confirmation of human rights and social value. In any case, contrasts inside the interpretation of these concepts can impact the execution of citizenship approaches in several countries. The think approximately additionally highlights the challenges and openings in coordination Islamic law benchmarks into the framework of display day sacrosanct law, particularly in Muslim-majority countries. At final, the examine proposes the require for more genuinely interest talk to realize a concordant agreeable vitality between secured law and Islamic law in controlling citizenship sensibly and comprehensively.

Nadia Ardine; Mey Lia Sari; Aisyah Resta Melati; Arifa Kurnia Suci; Asti Giri Anjani

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Land ownership rights are one of the fundamental human rights. However, land ownership rights for Indonesian citizens who marry foreigners are specifically regulated in Indonesian laws and regulations. These provisions aim to maintain state sovereignty and prevent land control by foreign parties. Based on Indonesian laws and regulations, Indonesian citizens who marry foreigners can only have rights to certain land, namely use rights, rental rights for buildings, ownership rights to apartment units, and ownership rights to residential or residential houses. Ownership rights to land can only be owned by Indonesian citizens. This research aims to examine the regulation of land ownership rights for Indonesian citizens who marry foreigners in Indonesian legislation. The law regarding mixed marriages is regulated in Article 57 of Law Number 1 of 1974 concerning Marriage. In essence, mixed marriages allow Indonesian citizens to choose the citizenship they will follow, whether the citizenship of the husband or wife, in line with the provisions of Article 26 of Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. Indonesian citizens who undergo mixed marriages have the possibility to create a marriage agreement that allows the separation of property between spouses during the marriage period, while maintaining their citizenship status..    

I Made Lanang Maha Adi Putra; Ni Made Ari Yuliartini Griadhi

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This study aims to find out and understand the regulation of the citizenship status of a person who enters into mixed marriages in Indonesia, and to know and understand this regulation from a human rights perspective. The method used is normative research using a conceptual approach and a statutory approach. The results of the research show that the provisions of Article 26 of Law no. 12 of 2006 concerning Citizenship basically provides for restrictions on human rights related to a person's freedom to choose citizenship status. These provisions stipulate that as a result of mixed marriages, Indonesian men or women lose their citizenship status because according to the law of origin the foreign husband or wife has given citizenship status. In addition, this provision also contradicts Article 28E paragraph (1) of the 1945 Constitution of the Republic of Indonesia which basically states that everyone is free to embrace religion and worship according to their religion, choose education and teaching, choose a job, choose citizenship, choose a place to live in the territory of the country and leave it. and has the right to return. and also Article 26 paragraph (1) of Law no. 39 of 1999 concerning Human Rights which basically states that everyone is given the right to own, replace, obtain or maintain citizenship status.