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Nabilah Rahmawati; Balqis Athyan Thadika Marchtika; Aulia Nur Azizah; Salsabila Firdaus

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Zakia Lutfiah Khoirun Nisa; Izzul Nurdin Setyawan; Siti Khotijah

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

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.

Miftah Aulia Ramsen; Zindya Selvia; Fildzah Rosa

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

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.

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.

Jalaludin, Diding; Deni Kamaludin Yusup; Tatang Astarudin

Referendum : Jurnal Hukum Perdata dan Pidana 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Fatimah Azhari; Aqila Najma Nurfaizah; Kenanta Khansa Ulinnuha

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

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.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Sesarian Nur Khoiriyah Sukarno; Zahra Ar Rohmatic; Muhammad Zufar Al Faruqi

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

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.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Irfan Ammar Najib; Khanafi Rizki Pratama; Yuliana Fajar Nur Hidayati

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

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.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azzahra Azzahra; Vina Aulia Nur Pratama; Ervina Eka Saputri

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Kyla Jessica Veda; Azizah Harda Annafi’ah; Imam Aris Utomo

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Nur Zika Fauziah; Rahmad Adi Nugroho; Sri Wahyuni

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

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.

Marwan Marwan

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

Citizens are one of the elements of state formation because the state cannot be formed without citizens. The link between the two is citizenship. Each country has different methods in determining citizenship in the country. Regulations regarding citizenship in Indonesia are listed in Law number 12 of 2006. The Republic of Indonesia uses the principles of ius soli and ius sanguinis in determining citizenship status. Indonesia basically adheres to the principle of single citizenship where one person is only allowed to have one citizenship. However, there are exceptions for children from mixed marriages who have the opportunity to have limited dual citizenship before they are 18 (eighteen) years old or married. This is regulated in article 6 of Law number 12 of 2006 concerning Indonesian citizenship. However, in practice there are still many Indonesian citizens above 18 (eighteen) years old and who do not meet the requirements to obtain limited dual citizenship status. Explained in Article 23 of Law No. 12/2006, the legal consequences that will be accepted if this happens are the loss of Indonesian citizenship status.

Lala Anggina Salsabila; Putri Handayani; Siti Anisah Nasution; Syarifa Aini; Bryan Yamolala Ndruru +2 more

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

In Indonesia, every individual has the right to citizenship status, as regulated in Article 28D Paragraph 4 of the 1945 Constitution which states that "every person has the right to citizenship status." Even though Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia in principle does not recognize dual citizenship, several legal experts and activists have proposed that Indonesia provide protection for mixed marriage families by implementing the principle of dual citizenship. This article aims to determine the impact of dual citizenship on Indonesian citizens. The research method used is a qualitative approach with library study data analysis techniques. Conceptually, dual citizenship can be interpreted narrowly and broadly. In a narrow sense, dual citizenship refers to the concept of dual citizenship (dual citizenship/nationality) in the status of a person who has two citizenships from two different countries. In a broad sense, dual citizenship is expanded not only to dual citizenship, but also to more than multiple citizenships (plural/multiple citizenship/nationality). In general, dual citizenship can arise due to the application of the principles of citizenship in terms of reciprocal birth (interplay), between the principles of jus sanguinis and jus soli or the naturalization of a citizen of one country to another country.