Publication Search

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.

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.  

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.

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.

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

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.

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.

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.

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.