Abstract
<p>This juridical-normative research aims to identify and analyze the protection of the proprietary rights of children born under mixed marriages over ownership right and ownership right conveyance process for children with dual citizenship. The research results indicated that the legal protection on ownership right proprietary rights of children under mixed marriages can be enjoyed by the children by choosing Indonesian as their citizenship at most 1 year after obtaining such bequest over the land. When the children choose foreign citizenship, then they must pass the ownership rightover the land. The transfer process on the land requires the children to be at least 18 years of age or married and cannot be represented by foreign parents/custodians, and thus a trustee is appointed based on District Court’ ruling.</p>
Highlights
The definition of marriage according to Article 1 of Law Number 1 of 1974 on Marriage specifies that “marriage is a physical and mental bond between a man and a woman as a couple of husband and wife with the objective to establish a happy and eternal family or household based on the Belief in the One God”
Mixed marriage is defined in Article 57 of the UUP as “a marriage between two persons of different compliance to law due to differences of citizenship and one of the persons is a citizen of Indonesia”
A different case will occur if the mixed marriage is performed in accordance with the applicable laws in Indonesia; the marriage is legit and the children born under such marriage are legally related to both parents
Summary
The definition of marriage according to Article 1 of Law Number 1 of 1974 on Marriage (hereinafter called the UUP) specifies that “marriage is a physical and mental bond between a man and a woman as a couple of husband and wife with the objective to establish a happy and eternal family or household based on the Belief in the One God”. In relations to the children born under mixed marriage, the state of Indonesia has special provisions regulating Indonesian citizenship, i.e. the Law
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