STATUS KEWARGANEGARAAN ANAK DALAM PERKAWINAN CAMPURAN: ANTARA KEWAJIBAN MEMILIH DAN HAK MENDAPATKAN PERLINDUNGAN

Abstract

This study seeks to examine the legal status of children born to mixed marriages and the legal protections afforded to them. The research employs a normative methodology, utilizing primary, secondary, and tertiary data sources gathered through literature reviews. The findings indicate that children born from mixed marriages are granted dual citizenship under Indonesian Law No. 12 of 2006, specifically Articles 4(c) and 4(d), which allows dual nationality until they turn eighteen or marry within a three-year period. Moreover, these children are entitled to equal protection as other children under Law No. 23 of 2002 on Child Protection. However, the legal status of children in mixed marriages is not explicitly addressed under Law No. 16 of 2019 on Marriage. To prevent potential neglect of their rights, the government should introduce specific regulations that clarify the legal status of children from mixed marriages. At present, their legal protections are primarily outlined in Law No. 23 of 2002 on Child Protection and Law No. 12 of 2006 on Citizenship. The development of dedicated legal frameworks is essential to ensure comprehensive protection for this group.