JURISDICTIONAL REVIEW OF CHILDREN' S RIGHTS TO EARN THE AKTE KELAHIRAN (CASE STUDY OFTHE DECISIONOF PERDATA CASE NOMOR 186/Pdt. P/2023/PN Mdn)

Penulis

  • Komala Sari komalasarii20248@gmail.com

DOI:

https://doi.org/10.47006/iscis.v3i1.25340

Abstrak

This research aims to examine the legal status of children who possess dual birth certificates from two different countries and to analyze the legal procedures for the annulment of one of those certificates under Indonesian legislation. The research method employed is normative legal research using statutory and case study approaches. The data sources include primary, secondary, and tertiary legal materials analyzed qualitatively. The study found that children born from mixed- nationality marriages may hold dual nationality and dual birth certificates; however, upon reaching the age of 18 or marriage, they are obliged to choose one nationality. The annulment of a birth certificate must be conducted through judicial means or administrative mechanisms in accordance with prevailing regulations. The case study reveals that parental misunderstanding often leads to children having multiple certificates, resulting in administrative and legal complications. Adequate legal awareness and procedural support from the state are necessary to ensure children's rights to identity and nationality are protected.

Referensi

Azhari, Tahir. Analysis of Civil Registration. Paper. Jakarta: Sinar Grafika, 1991. Damayanti. Children's Rights and Mixed Marriages. Journal, 199

Idris. "The Importance of Civil Registration Deeds." Journal of Population and Development, 2007.

Presidential Decree No. 36 of 1990 on the Ratification of the Convention on the Rights of the Child.

May Lim Charity. "Urgency of Dual Citizenship Arrangement for Indonesian Diaspora." Journal of the Constitution, Vol. 13 No. 4, 2016.

Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. Law Number 23 of 2002 concerning Child Protection.

Law No. 23 of 2006 on Population Administration jo. Law No. 24 of 2013.

Diterbitkan

2024-10-12