Tinjauan Yuridis Terhadap Anak Berkewarga-negaraan Ganda Dalam Prespektif Hukum Nasional Dan Hukum Internasional

Ilhamda Fattah, Evi Deliana, Ledy Diana

Abstract


Law Number 12 Year 2006 Concerning Citizenship is the legal basis for the protection of children with
dual nationality. Children with dual nationality are subject to two jurisdictions, and when examined in terms of
international law dual citizenship has potential problems, for example in terms of determining personal status
based on the principle of nationality. Therefore, the purpose of this thesis writing is: First, the knowledge of
juridical review of children with dual nationality in the perspective of national law. Secondly, the knowledge of
juridical review of children with dual nationality in the practice of other countries.
Type of research is the type of normative research is a study that discusses the comparison of laws in
some countries. Sources of data used are primary data, secondary data and tertiary data. data collection
techniques in this study by using literature review method that researchers analyze based on books, legislation
and other literature related to the problems studied.
The conclusions can be obtained from the research results are: First, in the perspective of national law
that is based on Article 6 of Law Number 12 Year 2006 About Citizenship is granted the freedom for dual
citizenship until the children are 18 years old or until they get married. After the age of 18 years or married the
children must choose their citizenship, whether to follow their father or become citizen. Secondly, the practice
of other countries such as according to Chinese law every citizen of the treaty countries (Indonesia-RRT) will
be given two years to choose one of citizenship. According to German law the children of foreigners born in
Germany automatically become German citizens, provided that both parents of the child live in Germany
legally and within the specified period of the German citizenship law. Suggestion writer that is need to do effort
protection of childhood dual citizen and to realize welfare of child by giving guarantee to fulfill its rights and
existence of treatment without discrimination.
Keywords: Children Dual Citizenship -Prespectives of National Law- International Law Perspective


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