Pengaruh Kewarganegaraan terhadap Status Hukum Perdata dalam Kasus Pernikahan Campuran
(Ahmad Muhammad Mustain Nasoha, Ashfiya Nur Atqiya, Aulia Rahmanur Safitri, Muhammad Wahyu Nur Ristianto, Safira Mufida Azmi)
DOI : 10.59581/doktrin.v3i1.4216
- Volume: 3,
Issue: 1,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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This study examines the impact of nationality on civil legal status in mixed marriages, particularly in Indonesia and several other countries. Mixed marriages, involving two individuals of different nationalities, often present complex legal issues, especially concerning property ownership, inheritance rights, and the nationality of children. In Indonesia, foreign nationals face various restrictions regarding land and property ownership, and there are temporary provisions for dual nationality for children born from mixed marriages. In a global context, differences between countries following jus soli and jus sanguinis principles also affect the status of children and inheritance rights. This research uses a comparative approach by analyzing civil law regulations in countries such as the United States, the United Kingdom, Japan, and Saudi Arabia. The findings show that Indonesia’s civil law system requires reforms to be more accommodating to the globalization phenomenon and the increasing number of cross-national marriages. Recommendations include harmonizing national regulations with international law, implementing more flexible dual nationality policies, and strengthening protections for the rights of mixed couples in property ownership and inheritance.
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2024 |
Peran Pancasila dalam Pencegahan dan Pemberantaan Korupsi : Perspektif Hukum Tata Negara
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Inas Alifatus Salma, Athifah Saidah, Khubi Hanan Khoirunisa)
DOI : 10.62383/desentralisasi.v1i4.306
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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Abstract. Pancasila has an important role in various aspects of life, including in efforts to prevent and eradicate corruption. This research aims to examine the role of Pancasila's contribution in the context of constitutional law, especially in terms of integrity and public ethics. Using qualitative research methods and descriptive analysis, this study investigates how Pancasila values such as social justice, fair and civilized humanity, and unity can be integrated into the legal system and state administration to prevent and eradicate corruption. The results of this study show that the use of Pancasila principles in laws and public policies has significant potential to improve transparency and accountability. The study also identifies challenges and barriers to the implementation of Pancasila values and provides recommendations to improve the effectiveness of corruption prevention and eradication in Indonesia. The findings support the argument that Pancasila serves not only as an ideological basis, but also as a practical foundation in building a legal system with integrity.
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2024 |
Kewarganegaraan dan Kebijakan Pendidikan di Indonesia Tantangan bagi Anak-anak dengan Status Kewarganegaraan Tidak Jelas
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Auria Trisi Novi Ana, Ari Maulana Ramadhan, Luthfiah Luthfiah)
DOI : 10.62383/federalisme.v1i4.300
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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Citizenship and education policies in Indonesia play a crucial role in determining children's rights and access to quality education. However, challenges arise when addressing children with unclear citizenship status, such as those born to parents without permanent citizenship or those caught in ambiguous legal situations. This abstract examines how the uncertainty of citizenship status affects the access to and quality of education for these children in Indonesia. The study highlights major issues faced, including limited access to formal schooling, lack of adequate official documentation, and legal instability that restricts educational rights. Additionally, it explores existing government policies and the challenges in implementing them concerning the protection of educational rights for children with unclear citizenship status. The findings reveal the need for more inclusive policy reforms and effective strategies to ensure that all children, regardless of citizenship status, can enjoy their right to quality education. The study suggests a more holistic, human rights-based approach to addressing these issues and advocates for enhanced collaboration between government agencies, civil society, and international organizations to develop sustainable solutions.
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2024 |
Tunas Agraria : Implikasi Kewarganegaraan terhadap Hak Kepemilikan Tanah dalam Hukum Agraria Indonesia
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Latifah Isti’anah, Annada Ashfa Urroozanah, Neysa Kunthi Cahya Latifa)
DOI : 10.62383/terang.v1i4.618
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.24-Jul-2025
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This study explores the implications of citizenship on land ownership rights within Indonesian agrarian law. It examines how citizenship status affects the rights to land ownership, focusing on the legal framework established by Indonesian laws, including the Basic Agrarian Law (UUPA) and other relevant regulations. The study employs a qualitative approach, utilizing literature review and case analysis to identify key issues and challenges in the implementation of land ownership laws. Findings reveal that full land ownership rights are exclusively granted to Indonesian citizens, while foreign nationals face significant restrictions. The research highlights several challenges in legal implementation, including bureaucratic inefficiencies and inconsistencies between laws and practical applications. The paper concludes with recommendations for regulatory reforms, improved administrative processes, and enhanced transparency to better support both domestic and foreign stakeholders in land ownership. These recommendations aim to address existing problems and facilitate a more equitable and efficient land management system in Indonesia.
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2024 |
Pancasila sebagai Sumber Hukum dalam Sistem Hukum Adat : Analisis Kesesuaian dan Tantangan Kontemporer
(Ashfiya Nur Atqiya, Ahmad Muhamad Musain Nasoha, Laila Alfiani Eka Safira, Azzahra Meisya Rahmadani, Zidni Aulia Rohmah)
DOI : 10.62383/aliansi.v2i1.621
- Volume: 2,
Issue: 1,
Sitasi : 0 20-Nov-2024
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| Last.24-Jul-2025
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The role of Pancasila as a source of law within the adat (customary law) system in Indonesia involves analyzing its alignment and contemporary challenges. Pancasila, as the state ideology, serves as a fundamental guide for the formulation and application of laws throughout Indonesia. However, integrating Pancasila's values into the diverse adat legal systems presents significant challenges regarding both value alignment and practical application. This study uses qualitative analysis with a case study approach to evaluate how Pancasila’s principles are implemented in adat law and assess how well these values align with existing adat norms. Findings indicate that despite efforts to reconcile Pancasila with adat law, there are several obstacles, including differences in value interpretation, resistance from indigenous communities, and difficulties in harmonizing national and adat laws. The article concludes that a more dialogic and inclusive approach is needed to align Pancasila with adat law and recommends policy reforms and enhanced understanding of Pancasila's values at the local level to ensure fair and sustainable legal enforcement.
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2024 |
Kewarganegaraan dan Hak Asasi Manusia : Studi tentang Perlindungan Hukum bagi Orang tanpa Kewarganegaraan (Stateless Persons)
(Ashfiya Nur Atqiya, Ahmad Muhammad Mustain Nasoha, Isnaini A sifa Rohmah, Ahmad Abdul Aji Setiawan, Davina Intan Nur Fadila)
DOI : 10.62383/konstitusi.v2i1.303
- Volume: 2,
Issue: 1,
Sitasi : 0 20-Nov-2024
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This study examines the legal protection for stateless persons within the framework of citizenship and human rights. The focus is on assessing the effectiveness of international legal frameworks and national policies in safeguarding the fundamental rights of individuals without citizenship. The research employs a qualitative analysis of key legal instruments, including the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness, alongside case studies of policy implementation across various countries. The findings reveal that, despite a robust international legal framework, there are significant gaps in implementation and enforcement, leading to ongoing discrimination and human rights violations against stateless persons. The study recommends comprehensive policy reforms and enhanced international cooperation to improve legal protection for this vulnerable group.
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2024 |
Analisis Komparatif Antara Hukum Nasional dan Hukum Islam
(Ashfiya Nur Atqiya, Ahmad Muhamad Musta'in Nasoha, Aulia Nafiul Khoiriyah, Affan Tafta Naufalianto, Furqon Abdul Hakim)
DOI : 10.62383/presidensial.v1i4.297
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.24-Jul-2025
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This study aims to conduct a comparative analysis between national law and Islamic law, focusing on the principles, implementation, as well as the differences and similarities between the two in social, political, and cultural contexts. National law in Indonesia is a combination of customary law, colonial law, and modern law derived from Western legal systems, while Islamic law originates from Sharia, based on the Qur'an and Hadith. In certain areas, such as family law, civil law, and criminal law, these two legal systems exhibit distinct approaches, both philosophically and technically. The study finds that while national law emphasizes secularism and state sovereignty, Islamic law places greater emphasis on moral and divine justice. However, in the Indonesian context, both legal systems sometimes operate in parallel or undergo processes of adaptation and accommodation. This research contributes to a deeper understanding of the dynamics of the interaction between national law and Islamic law, as well as how both influence the judiciary and society in general.
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2024 |
Implikasi Politik dari Perubahan Kebijakan Kewarganegaraan terhadap Hubungan Diplomatik Indonesia
(Ahmad Muhamad Mustain Nasoha, Ashfiya Nur Atqiya, Kyla Jessica Veda, Azizah Harda Annafi’ah, Imam Aris Utomo)
DOI : 10.62383/desentralisasi.v1i4.298
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Nov-2024
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| Last.02-Aug-2025
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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.
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2024 |
Peran Mahkamah Konstitusi dalam Menjamin Hak-Hak Kewarganegaraan di Indonesia
(Ashfiya Nur Atqiya, Ahmad Muhamad Mustain Nasoha, Ki Awang Pijar Pembayun, Khoridatul Bahiyah, Muhana Ayu Devita)
DOI : 10.62383/aliansi.v1i6.611
- Volume: 1,
Issue: 6,
Sitasi : 0 20-Nov-2024
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This research explores the role of the Constitutional Court (MK) in protecting citizenship rights in Indonesia. As a constitutional judicial body, the MK holds a crucial responsibility to review laws against the 1945 Constitution (UUD 1945), ensuring that fundamental rights of citizens, such as freedom of expression, the right to education, and the right to privacy, are not violated by existing legal policies. Through the mechanism of judicial review, the MK acts as a primary guardian capable of annulling laws that are in conflict with the constitution. This study examines various significant cases where the MK has played a critical role in safeguarding citizenship rights. We also identify various challenges faced by the MK, including issues in implementing rulings and potential political pressures that may affect the independence of this institution. From a global perspective, this research compares the role of the MK with constitutional bodies in other countries to provide a broader understanding of how the MK functions in an international context. The research employs doctrinal legal research, which is a process of discovering rules, principles, and doctrines to address the issues at hand. The research is prescriptive in nature. The methodology used is normative/doctrinal/library research. The findings indicate that although the MK has successfully protected citizens' rights through significant rulings, there remains an urgent need to improve the implementation of decisions and to safeguard the institution’s independence. Recommendations for enhancing the MK’s role include expanding legal education to the public, strengthening public access to judicial review mechanisms, and fostering closer collaboration with legal academics and practitioners. With these measures, the MK is expected to continue functioning effectively as a guardian of constitutional rights in Indonesia.
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2024 |
Kewarganegaraan sebagai Instrumen Hukum dalam Sengketa Agraria Transnasional
(Ahmad Muhammad Mustain Nasoha, Ashfiya Nur Atqiya, Hamim sirojuddin Al Manshur, Annisa Sandy Hudha, Suci Ariyanti)
DOI : 10.62383/pk.v2i1.290
- Volume: 2,
Issue: 1,
Sitasi : 0 19-Nov-2024
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| Last.02-Aug-2025
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This study aims to analyze the role of citizenship as a legal instrument in the resolution of transnational agrarian disputes, which often involve more than one country and raise complex legal issues. The study focuses on three countries, namely Indonesia, Brazil and South Africa, to understand how citizenship affects land ownership and dispute resolution mechanisms. The research method used is a qualitative approach, with interviews, secondary data analysis, and legal policy evaluation. The results show that citizenship plays an important role in determining land rights and influencing the course of dispute resolution. In this context, alignment of national legal frameworks with international legal standards, as well as increased cooperation between countries, is necessary to create more effective and equitable transnational agrarian dispute resolution. This research provides novelty in identifying the importance of legal harmonization and international collaboration in addressing transnational disputes.
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2024 |