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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.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabhan Tabarok; Muti'ah Nuha Mumtazah; Hannamuddin Wafiyur Rahman

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2024 Pusat Riset dan Inovasi Nasional

This study discusses citizenship rights within the framework of the rule of law in Indonesia, focusing on both theoretical and practical aspects. Citizenship is a crucial element in the legal system, as it grants individuals legal status, through which they can access civil, political, and social rights. However, despite the constitutional guarantee of citizenship rights, their implementation in Indonesia still faces various challenges, particularly regarding stateless individuals, children from mixed marriages, and limited access to citizenship documents. This research employs a normative juridical and comparative method by analyzing Indonesia's citizenship regulations and comparing them with countries such as Canada and Germany. The findings indicate that Indonesia needs to reform its citizenship policies to be more inclusive and aligned with international standards. Recommendations include addressing statelessness issues, simplifying the administrative process for obtaining citizenship, and aligning policies with international principles. Therefore, it is expected that Indonesia's citizenship policies can provide more equitable and fair protection for all its citizens.

Prasida Alya Putri

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

A wedding is one of the most essential public ceremonies in life. This matters is based on the fact that marriage involves more than simply the bride and husband.; it also involves parents and other families from both sides, as well as some tricky issues. In case with mixed relationships, the issue of the child’s nationality often comes up. Under the old Citizenship Law, which was constructed on the concept of a single nationality, children from mixed marriages were allowed only one nationality; the law dictates that the nationality of the father must be obeyed. This arrangement caused problems down the road of course, the mother would have a hard time finding care for her child if her parents’ marriage broke up. However, considering that Law Number 12 of 2006 concerning Citizenship has been in effect. Mixed-marriage kids have a variety of options. Due to the assurance of their status, they can apply to become citizens of the Republic of Indonesia after they turn 18 or are legally married. When a child turns 18 or marries, they must choose a nationality and they can no longer have dual citizenship.