Publication Search

This academic paper provides a comprehensive analysis of mixed marriages and the legal status of children within the context of Indonesian International Private Law. The study meticulously explores the formal definition of a mixed marriage, establishing it as a legal union between individuals of different citizenships, thereby subject to intersecting national legal systems. The research delves into the specific regulatory framework governing Mixed Marriages in Indonesia, with a critical examination of Law No. 1 of 1974 on Marriage and its implementing regulations. A significant portion of the analysis is dedicated to the intricate legal aspects concerning the child's status in a mixed marriage. This encompasses a detailed discussion on the child's citizenship, governed by the principle of ius sanguinis under Law No. 12 of 2006 on Citizenship, which creates potential for dual citizenship and subsequent legal complexities. The paper further investigates the fundamental rights and obligations of the child, affirming that these must be upheld irrespective of parental nationality, including the inalienable right to a legal identity, parental care, and formal education. Concurrently, the research outlines the concomitant parental obligations in a mixed marriage, which are paramount and include the provision of nurture, guidance, and comprehensive protection for the child's well-being. The study concludes with a critical evaluation of the practical implementation of these mixed marriage law aspects in Indonesia, identifying discernible gaps between statutory provisions and their real-world application. It underscores persistent challenges in juridical practice and administrative consistency, ultimately highlighting the ongoing pursuit of complete legal certainty for binational families navigating the Indonesian legal landscape.

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.

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.

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.

The research titled “Legal Implications of Mixed Marriages between Indonesian Citizens and Foreign Nationals on the Citizenship Status of Minors” discusses the legal consequences arising from marriages between Indonesian citizens (WNI) and foreign nationals (WNA), particularly regarding the determination of the citizenship status of minors. Mixed marriages often create legal complexities due to differences in citizenship systems between countries, which affect the rights and legal standing of children. The research problems focus on two main issues: how Indonesian positive law regulates the citizenship status of children born from mixed marriages, and how the state provides legal protection for such children. This study employs a normative legal research method with a statutory approach, analyzing relevant laws, doctrines, and court decisions. The results show that although Law Number 12 of 2006 on Indonesian Citizenship has improved the previous system by recognizing limited dual citizenship for children, its implementation still faces several obstacles. Complicated bureaucracy, a lack of understanding among officials, and persistent discriminatory practices remain major challenges. Therefore, it is necessary to reform the legal framework and administrative system of citizenship management to ensure that the principles of non-discrimination and the best interests of the child are effectively and fairly realized.

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 purpose of this research is to analyse the legal status of children born from marriages of different nationalities in the perspective of Indonesian Civil Law and Islamic Law. This research is important because children born from mixed marriages are entitled to protection of their legal status in order to maintain the continuity of life, legal position and civil interests. The research method used is normative juridical legal research with qualitative data types in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials relevant to the topic of this research and data collection techniques using library research or literature studies with legal material analysis techniques using descriptive analysis methods. The results of this study state that the law of marriage between different nationalities in the perspective of Indonesian civil law and Islamic law raises problems with the law of marriage itself as well as the legal status, civil rights and citizenship rights of children. In the perspective of Indonesian civil law and Islamic law, the law of marriage of different nationalities is a valid marriage and the legal status of the child is a legitimate child, the civil rights of children from marriages of different nationalities are the same as children in general and the legal status of the child's citizenship as an Indonesian citizen follows the citizenship of the father or mother who is an Indonesian citizen and can also have dual citizenship until he is 18 years old or married, after which the child must declare choosing one of his citizenship.

The dual citizenship policy in Indonesia is a complex issue within national law and has various implications, including from the perspective of Islamic law. Islamic law does not explicitly regulate the concept of citizenship in the modern sense but has principles that can be used to analyze this policy, such as al-wala’ (loyalty), mu’ahadah (agreements), and maqasid al-shariah (the objectives of Islamic law). This study employs a normative juridical method with a conceptual and comparative legal approach to understand how Islamic law can contribute to assessing Indonesia's dual citizenship policy. The findings indicate that although Islamic law does not explicitly prohibit dual citizenship, certain principles must be considered, such as loyalty to the state and justice in legal relations. Therefore, the implementation of the dual citizenship policy in Indonesia should take into account aspects of Islamic law to align with the national legal identity based on Pancasila and the values of justice.

Mixed marriages raise several issues and have impacts related to legal relationships. Such as citizenship, marriage agreements, divorce issues, custody rights for children born in mixed marriages and inheritance rights for children arising from these marriages. This research uses a normative doctrinal approach. Because in concept this research is sourced from written norms. Therefore, the research is carried out through the analysis of laws and regulations related to inheritance rights for children who have been born from mixed marriages. Therefore, the study carried out is only “limited” to the (written) laws and regulations related to the object under study. The results show that children born from mixed marriages also have legal protection. The existence of universal citizenship principles contained in Law No. 12/2006 on citizenship, such as the principle of ius sanguinis; determining the citizenship of a child from his descendants; the principle of ius soli, determining the citizenship of the child from his birthplace; the principle of single citizenship, emphasizing that every child can only have one citizenship; and the principle of dual citizenship, providing dual citizenship for every child in accordance with the decision of the Act.  

Every year on august 17th is commemorated as Indonesia’s independence day. Representatives of young people from all corners of the country gather at Istana Merdeka to hoist the Bendera Merah Putih. However, in the year 2016, an unpleasant incident occurred for the world of Pakibraka.  Indeed, a national Paskibraka member named Gloria Natapradja Hamel had to be dismissed shortly before the flag-raising, as she held dual citizenship. Peraturan Menpora nomor 0065 tahun 2015 and Undang-Undang nomor 12 tahun 2006 directly impact every child who born with dual citizenship, causing limitations in their participation in national-scale activities, in this case, the National Paskibraka. This research is expected to contribute to the development of international civil law, especially regrading the rights of children restricted by it.  

Law No. 12 of 2006 on Indonesian Citizenship is a significant step in citizenship law reform, responding to the challenges of globalization and international mobility. This law adopts the jus sanguinis principle as the basis for determining citizenship, with limited application of jus soli to prevent statelessness. Children born from mixed marriages between Indonesian and foreign nationals are allowed dual citizenship until they reach the age of 18. This study aims to analyze the implementation of Law No. 12 of 2006 in the contemporary social and political context, and to identify the challenges that arise in its application. The research employs qualitative analysis and literature reviews from academic journals and empirical data. The findings reveal challenges such as complex bureaucratic procedures, lack of public awareness of citizenship rights and obligations, and inadequate protection for Indonesian citizens abroad. It is recommended that administrative procedures be simplified through digitalization, citizenship education be enhanced, and the protection of Indonesian citizens overseas be strengthened. These improvements are expected to enable the law to be implemented more effectively and to better respond to the needs of Indonesian citizens in the global era.

This research discusses the concept of dual citizenship in the perspective of Indonesian positive law and Islamic law. Dual citizenship refers to the legal status in which a person is recognized as a citizen by more than one country, a phenomenon that is increasingly relevant in the era of globalization. In Indonesian positive law, dual citizenship is generally not recognized, except in special cases such as children from mixed marriages. However, increasing global mobility and individual rights have prompted discussion on the need for wider recognition of dual citizenship. Meanwhile, Islamic law provides a more flexible approach by considering the maqasid al-shariah principle which emphasizes the protection of basic human rights. Through a normative juridical and sociological approach, this research explores how the two legal systems deal with dual citizenship and what the implications are for individuals as well as the state. A comparative study of dual citizenship Dual Citizenship, Positive Law, Islamic Law, Maqasid al-Shariah, Citizenship Regulation practices in several other countries, such as the United States, Canada, Egypt and Pakistan, was also conducted to gain greater insight and understand the best practices that can be adapted in Indonesia. The results show that despite resistance to dual citizenship, its implementation can provide significant benefits, both in terms of protecting individual rights and strengthening international relations. Therefore, it is recommended that Indonesia consider a more comprehensive and inclusive policy regarding dual citizenship, which is in line with positive legal values and Islamic legal principles. This research can hopefully serve as a reference for policy makers and academics in developing regulations that are adaptive to global dynamics.

Dual citizenship presents a multifaceted issue for many nations,including Indonesia,especially in the context of increasing globalization and international mobility.Under Indonesia’s Citizenship Law No.12 of 2006,only single citizenship is recognizet,which poses various legal and administrative challenges for individuals holding dual citizenship.This study investigates the constitutional and human rights issues surrounding dual citizenship in Indonesia,examining the difficulties arising from the country’s single citizenship policy ang exploring potential solutions.The focus is on legal reforms,the implementation of international treaties,and enhanced international cooperation as means to address these challenges.Findings suggest that revising the Citizenship Law,integrating relevant international treaties,and improving public education on dual citizenship could significantly improve rights protection.The study advocates for Indonesia to consider legal reforms and strengthen international collaboration to better manage and fairly address the complexities of dual citizenship.

This study explores the regulation of citizenship under Article 26 of the 1945 Constitution of Indonesia and its implications in the context of globalization. Article 26 defines who qualifies as an Indonesian citizen and provides a legal basis for more detailed citizenship regulations. In light of increased global mobility and complex international relations, new challenges have emerged that necessitate a reassessment of citizenship policies, particularly regarding dual citizenship. A normative juridical methodology is utilized in this research to explore the concept of citizenship from a constitutional viewpoint and compares Indonesia’s policies with those of other countries that recognize dual citizenship. The study finds that Indonesia’s current citizenship regulations need to be updated to be more adaptable and inclusive in addressing global changes. It is suggested that the Indonesian government consider revising its citizenship laws to better safeguard the rights of Indonesian citizens abroad and enhance connections with the diaspora.  

This study explores the political impacts of citizenship policy changes on Indonesia’s diplomatic relationships, particularly in the context of globalization and the movement of its diaspora. Indonesia currently maintains a single citizenship policy, preventing its citizens from holding dual nationality. This restriction often complicates the legal and emotional connections of Indonesians living abroad with their home country, while also limiting their economic contributions through remittances and investments. Conversely, many nations have adopted dual citizenship policies to maintain stronger connections with their diaspora and enhance their diplomatic influence. Using a qualitative approach with case studies focusing on countries with large Indonesian diasporas, such as Malaysia, Saudi Arabia, and the United States, this research highlights the potential benefits of dual citizenship. The findings indicate that allowing dual citizenship could strengthen Indonesia’s diplomatic ties and increase economic contributions from overseas Indonesians. However, there are challenges to implementation, including concerns over divided loyalty and complexities in legal enforcement. This paper suggests that Indonesia consider a carefully controlled introduction of dual citizenship, taking into account legal protections, economic benefits, and the role of the diaspora in promoting Indonesia’s interests abroad.

This study investigates the impact of dual citizenship on political participation and national identity in Indonesia. Despite dual citizenship not being officially recognized under Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia, many Indonesians living abroad encounter this status. This research employs a mixed-methods approach, combining qualitative and quantitative methods, to explore the challenges faced by dual citizens in political engagement and how this status affects their political identity. Findings indicate that individuals with dual citizenship often face legal uncertainties, difficulties in political participation, and conflicts regarding political loyalty. Comparative analysis with countries that recognize dual citizenship, such as the United States and several European Union nations, reveals that acknowledging dual citizenship can facilitate better political participation and reduce identity conflicts. Based on these findings, it is recommended that Indonesia consider reforming its citizenship policies, enhance education on political rights, and strengthen international dialogue to address the challenges associated with dual citizenship.

This study explores the social perceptions of dual citizenship in Indonesia from the perspectives of both Indonesian citizens and non-citizens, and compares these views with practices in other countries. Employing a descriptive qualitative approach, the research utilizes in-depth interviews, focus group discussions (FGDs), and surveys to gather data from diverse stakeholders. The findings reveal that in Indonesia, dual citizenship is often perceived as a threat to national identity and unity, primarily due to concerns about divided loyalties. Conversely, non-citizens view dual citizenship as advantageous for accessing various services and opportunities. Comparative analysis with countries such as Germany and Canada shows that dual citizenship policies can be accepted and even considered beneficial for social integration and international relations. Based on these findings, policy recommendations include reforming citizenship laws, adjusting legal and regulatory frameworks, enhancing public awareness, providing support for individuals with dual citizenship, and conducting further research to explore the long-term impacts of dual citizenship.

This study looks at the legal ramifications of changing the Republic of Indonesia's 1945 Constitution's articles pertaining to citizenship (UUD 1945). The complexity of citizenship issues has increased with globalization, especially when it comes to dual citizenship and the rights of Indonesians residing outside. This study is classified as doctrinal research since it examines legal sources to determine legal principles. The study finds that amendments to the UUD 1945 are necessary to better align Indonesia's citizenship policies with global developments. However, these changes must be carefully considered to protect human rights and maintain national loyalty and identity. Reforming Indonesia's citizenship laws should be done thoughtfully, with input from various stakeholders, to ensure the resulting policies are inclusive and adaptable to the current global context. This research aims to contribute significantly to the development of Indonesia's citizenship policies and to offer a foundation for policymakers in crafting regulations that are more responsive to global challenges.

This research examines issues related to citizenship and criminal responsibility in the context of international courts, with a focus on how these challenges influence law enforcement processes. Through a case study-based qualitative analysis approach and a review of recent literature, this research explores how dual citizenship, the political status of perpetrators, and globalization influence jurisdiction and justice in international courts. Case studies analyzed include The Prosecutor v. Al-Bashir and The Prosecutor v. Dominic Ongwen, who shows how these issues hamper international courts' efforts to enforce the law. The findings of this research underscore the need for reform in the international legal system, including legal harmonization, reform of extradition mechanisms, and increased coordination between courts. This research also highlights the importance of continuous education and training for international law officials to face new challenges in the era of globalization.

This study investigates the role of citizenship in the context of dual identity in Indonesia's multicultural society, as well as how Islamic law and national law interact with law enforcement. Due to the extraordinary cultural and religious diversity, Indonesia faces challenges in integrating the dual identities of its people. Cultural and religious identities often lead to conflicts among citizens governed by national law, especially when it comes to religious rules and Islamic law. How dual identity affects law enforcement in Indonesia is explored through qualitative research using descriptive-analytical techniques. Data was obtained through in-depth interviews with relevant individuals and analysis of national legal and religious documents. The research results indicate that although Law No. 12 of 2006 on Citizenship provides a legal basis for all citizens. In reality, Islamic law often plays a larger role in the lives of Muslim communities. The disagreement between religious law and national law causes chaos in law enforcement, especially regardingin heritance and family issues. In addition, this research examines the legal systems in other countries with multicultural populations, such as Malaysia, India, and Canada. These countries demonstrate similar issues in creating fair legal policies for multicultural societies. This research concludes that an inclusive approach must be used in the formulation of legal policies in Indonesia so that dual identities in society can be accepted by the state’s legal system, allowing.