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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.