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  • Saturday, 7 January 2017

    REVIEW JURIDICAL ON MIXED MARRIAGE BETWEEN INDONESIAN WITH FOREIGNER BASED ON POSITIVE LAWS APPLICABLE IN INDONESIA

    ABSTRACT


    The purpose of research is to know and analyze the legal status of citizenship of wife and children of the mixed marriage between the Indonesian citizen with the foreign citizen based on the positive laws are applicable in Indonesia. This research is normative law research. The collecting data uses literature study method. Method of data analysis uses qualitative analysis.

    Results of the research show that (1) the legal status of the wife’s citizenship of the mixed marriage between the Indonesian citizen with the foreign citizen based on the positive laws are applicable in Indonesia are (a) based on International Civil Law must be assessed validity of that mixed marriage based on the principle of Lex loci celeberationis. If it is held inside of Indonesia region must be registered in local Agency of the Population and Civil Registration. If it is held outside of Indonesia region must be registered at the competent authority in that country or be registered by the functionary in local Representatives of Republic Indonesia and (b) based on Law No.12 of 2006 about The Citizenship of Republic Indonesia is contained in Article 23 letter (a), (b) and (i); Article 26 clause (1) and Article 42 and (2) the legal status of the children’ citizenship result of the mixed marriage between the Indonesian citizen with the foreign citizen based on the positive laws are applicable in Indonesia are (a) based on International Civil Law, the mixed marriage between Indonesia woman with man of the other country based on the principle of Lex loci celeberationis, both inside and outside of Indonesia region declared valid, then determination of the legal status of the childern’s citizenship of that mixed marriage must be referred on the rules in Law No.12 of 2006 about The Citizenship of Republic Indonesia and (b) based on Law No.12 of 2006 is contained in Article 4 letter (d) and (e); Article 6 and Article 25 clause (2), (3) and (4).

    Keywords: Mixed Marriage; Indonesian Positive Laws
    THANKS FOR VISITING