STATUS HUKUM ANAK BERKAITAN DENGAN KEWARGANEGARAANNYA DALAM PERKAWINAN CAMPURAN BERDASARKAN HUKUM INDONESIA (Perkawinan antara WNI dengan WNA)

Abstract

Mixed marriage between Indonesian citizen with a foreign citizen is not a familiar thing happening in our country. So it should be a legal protection in this mixed marriage be accommodated properly in law in Indonesia, especially legal protection for the child or the nationality of the child born of the marriage. Indonesian citizenship law No. 62 of 1958 (that called as the old Citizenship Law) and the Indonesian Citizenship Law No. 12 of 2006 (that called as the New Citizenship Law) does not give Indonesian citizenship status automatically to female of foreign citizen who married with male citizen of Indonesia, but if the foreign national citizen wants to be an Indonesian citizenship, he must submit a formal application in accordance with applicable regulations. Likewise, women citizens who are married to a foreign citizen may retain citizenship of Indonesia, when he started to follow citizenship husband became foreigners, then the woman is required to apply under applicable regulations as stipulated in Articles 7 and 8 of the Old Citizenship Law, and Article 26 of the New Citizenship Law. Such things can make a difference of citizenship in a mixed marriage. Along with the attachment of dual citizenship is limited to the child of a mixed marriage, then the child is subject to the jurisdiction of the two countries two related nationality of both parents.