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All Journal Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Media Hukum Indonesia (MHI)
Zahra, Lintang Aulia
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Analisis Yuridis Penetapan Anak Dengan Status Kewarganegaraan Ganda Ditinjau Dari Hukum Perdata Internasional (Studi Kasus Penetapan Nomor 703/Pdt.P/2019/PN.Jkt.Utr) Permatasari, Deshy Eka; Laurenza, Dias Prima; Zahra, Lintang Aulia; Azzahra, Natasya Fhadyah; Zahia, Reyna
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12088943

Abstract

In the era of globalization, the increasing number of mixed marriages between Indonesian citizens (WNI) and foreign citizens (WNA) is becoming an increasingly common phenomenon. These marriages often produce children who have the potential to have dual citizenship, which poses significant challenges in terms of civil rights, access to education, inheritance rights, and other legal obligations. Indonesia has regulated this issue through Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia, which allows children resulting from mixed marriages to have dual citizenship up to a certain age. This research uses a normative juridical approach and a case approach to analyze the application of international private law to the determination of dual citizenship status for children resulting from mixed marriages. Case study of Determination Number 703/Pdt.P/2019/PN. Jkt. Utr is used to describe the implementation of the rule. The research results show that even though regulations exist, their implementation faces various obstacles, both from administrative and legal aspects. In addition, this research identifies the importance of strengthening international cooperation, empowering consumers, and developing innovation in the online lending industry to increase financial access and consumer protection. Continuous evaluation of regulatory effectiveness is also critical to ensure that regulations remain relevant and responsive to technological developments and changing business practices.
AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS JURISDICTION IN PROSECUTING HUMAN RIGHTS VIOLATIONS BY RWANDA IN THE DEMOCRATIC REPUBLIC OF CONGO Zahra, Lintang Aulia; Azaria, Davilla Prawidya
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 5 No. 6 (2025): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/morfai.v5i6.3393

Abstract

This study investigates the jurisdictional capacity of the African Court on Human and Peoples' Rights (AfCHPR) in adjudicating transnational human rights violations, with a focus on the Democratic Republic of Congo’s (DRC) case against Rwanda concerning alleged support for the M23 rebel group. Drawing on normative legal methods and qualitative analysis, the paper examines the limitations of DRC's domestic judicial system in addressing grave human rights abuses, particularly in conflict zones marked by institutional fragility, corruption, and impunity. Despite legal reforms and ratification of major human rights instruments, the DRC remains unable or unwilling to ensure accountability for violations, especially those involving foreign actors. In response to these systemic shortcomings, the DRC has turned to the AfCHPR, marking a significant legal milestone as the first inter-state case before the Court. The paper explores the legal foundations for the AfCHPR’s jurisdiction under regional and international instruments, while also analysing Rwanda’s objections concerning admissibility and territorial competence. By assessing relevant case law, including Zongo v. Burkina Faso and Ogiek v. Kenya, the research highlights the AfCHPR's growing legitimacy as a regional mechanism for human rights enforcement. This case signals a broader shift toward accountability and justice in Africa, challenging traditional notions of sovereignty in favour of state responsibility and victim protection.
Co-Authors Azzahra, Natasya Fhadyah Davilla Prawidya Azaria Laurenza, Dias Prima Permatasari, Deshy Eka Zahia, Reyna