Muntaha Artalim Zaim
Department of Fiqh & Usul al-Fiqh, AHAS Kulliyah of Islamic Revealed Knowledge and Human Sciences, International Islamic University Malaysia

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A Normative Reconstruction of the Rights of Spouses and Children in Mixed Marriages Wahidullah Wahidullah; Muntaha Artalim Zaim
Jurnal Pembangunan Hukum Indonesia Vol 8, No 2 (2026)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v8i2.223-247

Abstract

The growing occurrence of mixed marriages between individuals of different nationalities offers opportunities for cultural enrichment while also creating difficulties in legal protection. Matters such as citizenship, custody, and cross-border rights frequently generate uncertainty and discrimination for spouses and children. This study investigates the normative reconstruction of mixed marriages, with particular attention to spousal and child rights, by examining national legal frameworks and how they intersect with international law. Employing a juridical-normative and comparative method, the research analyzes legal practices in Indonesia, the Netherlands, Germany, Canada, and Australia. The findings show inconsistencies and discrimination within domestic regulations, especially regarding determinations of children’s citizenship status, which may lead to statelessness and unequal treatment. Jurisdictions with human rights–oriented legal systems tend to adopt more flexible and inclusive policies, whereas those with strongly nationalistic approaches are reluctant to fully recognize rights across borders. The study emphasizes the urgent need to harmonize domestic laws with international human rights instruments in order to achieve legal certainty and fairness. It article a normative reconstruction model grounded in equality, recognition across jurisdictions, and the protection of children as subjects of international law. More broadly, it underscores the value of creating a humanistic and binding transnational legal framework to enhance cooperation and ensure justice for families affected by mixed marriages.