Defani, Defani (2023) Tinjauan Yuridis Terhadap Kedudukan Anak Hasil Perkawinan Campuran Ditinjau Dari Undang-undang Nomor 16 Tahun 2019 Tentang Perubahan Atas Undangundang Nomor 1 Tahun 1974 Tentang Perkawinan (studi Kasus Perkawinan Warga Negara Indonesia Dan Warga Negara Malaysia). Other thesis, Universitas Islam Riau.

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Abstract

As a result of mixed marriage against children regulated in Article 62 of Law Number 1 of 1974 Jo Law Number 16 of 2019 concerning Marriage, which states: "In marriages due to mixed marriages the position of children is regulated by article 59 Paragraph (1) of this law. As it reads, citizenship obtained as a result of marriage or the breakup of marriage determines the applicable law, both regarding public law and regarding civil law. Thus, the consequences of mixed marriages against children born as a result of mixed marriages obtain both public law and civil law. In the thesis entitled "Juridical Review of the Position of Children from Mixed Marriages in Review of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage (Case Study of Marriage of Indonesian Citizens and Malaysian Citizens)", the focus of the research is to determine the Position of Children from Mixed Marriages in Review of Law Number 16 of 2019 concerning Marriage and to find out the protection of the Law for Children Results Mixed marriage. The method used to answer the problems mentioned above is to use a combined research method, namely normative legal research methods and empirical legal research methods, namely by conducting literature studies and collecting data by conducting interviews. Based on the results of the study, it is known that in the case of mixed marriages between Indonesian women and foreign men (Malaysia), the position of their children in mixed marriages automatically follows the nationality of their father. This means that all of his children are Malaysian citizens. Therefore, the position of children in mixed marriages of Indonesian and foreigners in this study before the age of 18 years is still dual citizenship. However, for children who exceed the age limit of 21 years (3 years additional time for determining citizenship from the age of 18 years), then their Indonesian citizenship has been dropped and the child automatically becomes a foreigner. The Indonesian state has imposed limited dual citizenship as a legal protection for children resulting from mixed marriages up to the age of 21.

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