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Journal : Awang Long Law Review

LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE Wicaksana, Agus Arief; Astutik, Sri; Prawesthi, Wahyu; Hartoyo
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1165

Abstract

The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.
LEGAL PROTECTION OF CUSTODY RIGHTS FOR DUAL CITIZENSHIP CHILDREN AFTER THE DISSOLUTION OF MARRIAGE Wicaksana, Agus Arief; Astutik, Sri; Prawesthi, Wahyu; Hartoyo
Awang Long Law Review Vol. 6 No. 2 (2024): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i2.1165

Abstract

The purpose of this research is first to determine the legal consequences of the breakup of mixed marriage on the custody of dual citizenship children and second, to understand the judge's considerations in handing down a decision as legal protection of child custody after the breakup of mixed marriage normative legal research methods. In the era of growing globalization, population mobility between countries has become increasingly common. This often causes mixed marriages between Indonesian citizens and foreigners to occur. Obstacles for people carrying out marriages of different nationalities, both within and outside the country, are regarding legal protection for children if in a marriage in Indonesia, for example, there is a divorce which has an impact on the division of assets, child custody, and so on. The most prominent impact of this kind of marriage is the birth of children with dual citizenship or dual citizenship. These children are citizens of more than one country at birth, and this presents unique challenges regarding their custody when parents divorce. An issue that is vulnerable and often arises in mixed marriages is the issue of the child's citizenship. Even though there are several legal regulations governing child custody, disputes over child custody often become disputes in court that require fair handling by judges. In this research, the judge decided that custody of a dual-citizen child would be given to the biological mother by applying the principle of the best interests of the child.
Co-Authors Abidin, Bakti Abrahams, Deny Agus Wardhono Agustina Ekasari Amiq, Bahrul Amirullah, Trisakti Rizky Anriz, Revianto Ardan, Lukman Hakim Ardyan, Nafid Dwi Aribawa, Mohammad Yustino Aribawa, Muhammad Yustino Aries, Aries Astika, Mariana Astutik, M. Sri Ayuningtiyas, Fitri Bachrul Amiq Bahri, Muhammad Syamsul Bayu Sangaji, Dimas Begishev, Ildar Borman, M Syahrul Borman, M. Syahrul Borman, M.Syahrul Borman, Syahrul Carlos, Christcarsel Brandlay Theolvano Cornelis, Vieta Imelda Damayanti, Sri Sukmana Diah Putri Meitasari Dian Ety Mayasari Diana Diana Dipo Wahjoeono, Dipo Dwi Azizah, Moza Aprilya Erlando, Angga Riki Argo Ernu Widodo, Ernu Fachria Febriyanto, Mohammad Dwi Fritz Edward Siregar gandis, ajeng Gautama, Elly Christanty Hamdani, Fathul Handayati, Nur Hardianto, Yoyok Hariyono, Dipo Wahjoeono Hartoyo Hermanto, Ilham Anggi Hidayat, Toriqul K.Mahalieng, Abdul Kadek Kamal, Galang Mustofa Khoidin Kibiantoro, Miraj Laksono, Dedi Dwi M. Khoidin, M. Mansyuri, Zaqiya Alfi Mariyah, Nofi Muhammad Erfan, Muhammad Mulyosudarmo, Suviana Suwoto Nasoetion, Dedi Wardana Ndraha, Abdian Berkat P, Siti Marwiyah Paramitha, Vallencia Nandya Pasaribu, Francisco Lundu Hesekhel Perdana, Dary Iqbal Putra Praditya, Zonehara Bima Pramananda, Aditya Riza Pratama, Alfin Daniel Putra, Dany Ardiansah Putra, Januanwar Reza Yudhitya Putra, Muchammad Ferdin Fauzi Rahmawan, Aris Ramadhan, Muhammad Erdiansyah Ceisar Ramadhanty, Venta Ananda Ramba, Yunan Yunus Rohman, Ainur Rosiyanda Putra, Helvin Sam, Toong Hai Sasongko, Roby Shalasa, Idham Malik Sidarta, Dudik Djaja Sitepu, Anak Agung Gede Wibowo Siti Marwiyah Siwalette, Nona D. Sonya, Ega Bella SRI ASTUTIK Subekti Subekti Subekti Sukma Riyanti Ningsih, Hana Cindar Sulfiarini, Wiwin Sunarto Sunarto Suryani, Larastati Putri Suyono, Yoyok Ucuk Syahmi, Taffy Faiq Tejakusuma, Jonathan Tober, Daud Tri Wahyudi Tri Waluyo Utami, Rahayu Sri Utomo, Yusa Shabri Wahono, Eddy Wahyudin, Hari Wardantik, Yuli Endah Wibowo, Marji Wicaksana, Agus Arief Widodo, Dieno Hendro Wildan Irhansyah , Muhammad Ardi Winarno, Hadi Zulfikar, Achmad Setio