Inheritance Rights to Freehold Land for Children with Dual Citizenship Outside of Mixed Marriage

Abstract

Inheritance is a legal consequence of a legal event in the form of death, which is explained in Article 830 of the Criminal Code. It is also explained that every person who has the right to inherit without distinction of male or female, or who was first born with the same amount for each heir, is stated in Article 852 Paragraphs (1) and (2) of the Criminal Code. In addition, if the child obtains the status of an Indonesian citizen from the Ius Sanguinis principle and obtains the status of a foreigner from the Ius Soli principle, it does not cause the child to become a dual nationality child because the Citizenship Law does not recognize the existence of dual citizenship as stated in the general explanation. However, the Citizenship Law provides an exception for children with dual citizenship. The granting of an exception to dual citizenship lasts until the child has chosen a nationality. The election of citizenship is at the age of 18 years or has been married and an extension of time for 3 years based on Article 6 of the Citizenship Law. Dual citizenship status does not abolish the right to inherit children from both parents, but there are restrictions on the right to inherit in the form of property rights. Legal protection for children with dual citizenship status in their inheritance rights can be assisted in the management by a guardian. The purpose of this study is as one of the requirements for obtaining a Masters of Notary degree at the Postgraduate Notary Masters Study Program at Warmadewa University. This thesis research method uses normative legal research, which uses two types of approaches, namely the statutory approach, and the conceptual approach.