Awang Long Law Review
Vol. 8 No. 3 (2026): Awang Long Law Review

LEGAL CONSEQUENCES OF THE DETERMINATION OF THE ORIGIN OF A CHILD BORN BEFORE REMARRIAGE IN MIXED MARRIAGES TOWARD SOUTH KOREAN CITIZENSHIP RIGHTS

Naila Sativa (Faculty of Sharia and Law, Universitas Islam Negeri Walisongo, Semarang, Indonesia)
Anthin Lathifah (Faculty of Sharia and Law, Universitas Islam Negeri Walisongo, Semarang, Indonesia)
Mahdaniyal Hasanah Nuriyyatiningrum (Faculty of Sharia and Law, Universitas Islam Negeri Walisongo, Semarang, Indonesia)



Article Info

Publish Date
06 Apr 2026

Abstract

This study examines the legal consequences of the legal determination of the origin of a child born from an unregistered mixed marriage (siri) prior to the formal legalization of the marriage through tajdidun nikah (remarriage). Focusing on the Legal Determination Number 166/Pdt.P/2019/PA.Smg, the research analyzes the role of this judicial order in establishing a formal legal relationship between a child and their biological South Korean father. This relationship is a critical prerequisite for the recognition of South Korean citizenship, which strictly adheres to the ius sanguinis principle. The study employed a normative juridical research method with a case study approach. The results indicate that under Indonesian law, children born before a marriage is legally registered are categorized as being born out of wedlock; consequently, they do not automatically qualify for South Korean citizenship recognition. The research concludes that the legal determination of a child's origin in Indonesia supported by biological evidence such as DNA testing serves as a mandatory legal bridge to prove the lineage required to satisfy foreign citizenship requirements and ensure the child's legal protection.

Copyrights © 2026






Journal Info

Abbrev

awl

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Awang Long Law Review known as the ALLRev launched on November 1, 2018 and inaugurated formally by Chairman of the Awang Long School of Law. Besides "The Juris" Journal of Legal Sciences, Awang Long Law Review (ALLRev) is the official journal of the Awang Long School of Law published biannually (May ...