PROBLEMATIKA KETENTUAN HUKUM KEWARGANEGARAAN ANAK DARI PERKAWINAN CAMPURAN

Muhammad Ilham Saputra, NIM.: 19103040098 (2023) PROBLEMATIKA KETENTUAN HUKUM KEWARGANEGARAAN ANAK DARI PERKAWINAN CAMPURAN. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The legal status of citizenship of children born from mixed marriages has been regulated in various laws and regulations. Children born before 2006 are subject to the provisions of Law Number 62 of 1958 concerning Citizenship where children only have a single nationality, namely following the citizenship of the father. After 2006 children born in transition have dual citizenship. However, those born before 2006 wish to obtain dual citizenship under the provisions of the new Citizenship Law in Article 41 of Law Number 12 of 2006 concerning Citizenship. However, there are still problems related to citizenship status, such as the case of Gloria Natapradja Hamel. This research wants to examine the clarity regarding the status of children born in mixed marriages and look at the problems of understanding related to these provisions which cause uncertainty and injustice felt by society. This research is a research with a normative approach to see the norms contained in the relevant laws and regulations. This research is based on primary data in the form of legal materials, namely provisions that are relevant to the problem consisting of laws and regulations, namely Law Number 62 of 1958 concerning Citizenship, Law Number 12 of 2006 concerning Citizenship and Constitutional Court Decision Number 80 /PUU-XIV/2016. This study concludes that the child's citizenship status has been regulated clearly and in detail regulates the child's citizenship status. Then, there was a change in the provisions from before 2006 and after 2006 where before 2006 children born in mixed marriages had to follow the nationality of the father. Meanwhile, after 2006, more emphasis was placed on equality for children born from mixed marriages to choose the nationality of their father or mother. This research also concludes that the 2006 changes have provided an opportunity for children to be able to have limited dual citizenship with a special mechanism, namely reporting to the Minister or Representative of the Republic of Indonesia. However, the clarity and provisions of Article 41 are not well understood by the public in general, causing problems in practice in the provisions of Article 41 of Law Number 12 of 2006 concerning Citizenship.

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