Rights of the Child From the Mixed Marriage

If you're hit by romance and fall in love with a person and citizen of Indonesia intends to continue the marriage then this is what you should know ...


With the enactment of Law number 12 year 2006 about citizenship, the rights of children born of mixed marriages are no longer terdiskriminasikan. In the latest citizenship law is not recognized therein dual citizenship (bipartide) or without nationality (apartide), citizenship is granted to children in this Act is an exception. This law also stipulates that children born outside of legal marriage solely to provide protection to children who have their citizenship status.


The Law No.12 of 2006, especially in chapter 4 gives an explanation:
1. 4I article explained that the children born in the territory of the Republic of Indonesia which at the time of birth is not clear the status of father and mother's citizenship,
2. 4J article explained that a newborn child found in the territory of the Republic of Indonesia for the father and mother are unknown.
In the second section provides a status of citizenship for children born in the region in the State of Indonesia which is not obvious at birth the citizenship status of his father and mother and unknown father or mother, this is because of the citizenship law adopted the principle of ius solli the basis of place of birth and ius sanguinis apatide Based offspring (no citizenship) and offspring bipatride (having two nationalities).

The principle of Jus Solli give citizenship to children referred to in Article 4I and 4J because He was born in the region and the state of RI Jus sanguinis principle of giving citizenship to the children in question, although the lineage is apatride (memili no nationality and is not known who the father and mother).

Besides ethnic treats like other Indonesian citizens, Law No. 12 of 2006 also made an important breakthrough that is by giving a limited dual citizenship for children of
results of mixed marriages between a foreign citizen before the child is 18 years old and not married

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The requirements and process Mixed marriages on the basis of law in Indonesia

When mixed marriages took place in Indonesia, mixed marriages conducted according to the Marriage Law (Article 59 paragraph 2). Requirements regarding marriage must meet the requirements of marriage under the laws of each party (article 60 paragraph 1).

Officials authorized to give information on already fulfilled the terms of marriage by law each party is legal according to civil registrar of each party (article 60 paragraph 2). When the registrar refused to give employees keterang letter, which was concerned that apply to the Court, and the court gives its decision. If the court's decision stated that the denial was not unreasonable, then the Court's decision to replace the certificate (Article 60 paragraph 3).

After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.

There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).




After a court certificate or court decision obtained, then the marriage take place immediately. Pelangsungan marriages performed legally each religion. For the Islamic religion, which according to Islamic law with the akad nikah ceremony, while for non-Islamic religions is that religious law. In other words, so that the ceremony can be performed according to the Islamic religion, the bride should religion Islam. In order to do the marriage ceremony according to civil records, marriage both parties must be subject to the provisions of civil ceremonies. Pelangsungan marriages performed before the registrar employees.

There is a possibility after they obtain a certificate or court verdict, the marriage did not get them to do. If their marriage was not conducted in a period of six months after the information or the decision was given, then the certificate or court verdict has no more power (Article 60 paragraph 5).

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legal issues in the field of employment

Agreement on the set work in employment law can be individualized (PK) and collective (PKB). Work agreement was made because of the employment relationship with the elements there are jobs, wages and orders (Article 1 number UU RI No. 15. 13 of 2003). Based on Burgerlijk Wetboek (BW), PK and PKB serves as a binding legal (normative) which contains the rights and obligations of the parties to an agreement.

Thus if one party can sue to defaults or dispute. Normative rights disputes as has been agreed under the Law No. 2 of 2004 concerning Industrial Relations Disputes Settlement (PPHI) made through or by Bipartit, Mediation (to dispute the rights, interests, termination, disputes between the SP in one company), conciliation (for conflicts of interest, termination, disputes between the SP in a single company) and Arbitration (conflict of interests between the SP and in one company).



Settlement of normative rights through the Industrial Relations Court under Law No. 2 In 2004, the judicial procedure used was a civil procedural law. A dispute can be continued level of Industrial Relations Court after Bipartit and settlement through mediation, excluding a dispute that is or has been resolved by the arbitrator. Industrial Relations Court over the dispute is the right decision the first level, so the decision can be appealed.

Normative rights that arise because of the legislation is a minimum standard that must be implemented by all parties. In general, the rights raised by legislation is equipped with (a) criminal penalties. If there are not implementing the normative rights contained in the legislation to restore the balance, the state must take steps to make enforcement.

One effort in law enforcement of the regulations that contain criminal sanctions with an investigation under Law No. 8 of 1981 on the Criminal Procedure Code. Procedural law of criminal procedure used is in accordance with Article 6 paragraph (1) Law No. 8 Year 1981 jo b of article 182 paragraph (1) of Law No. 13 of 2003 provided authority Supervisors Employment khusu as PPNS, however, in supervision of manpower known 3 (three) approaches in law enforcement, namely educative preventive, repressive and repressive non justitia justitia.

There are times (most or many) of a PK or PKB, containing or material re-establish the laws and regulations which have criminal sanctions. Our view should be placed to the existence of a normative violation of the rights that have been arranged in the legislation, does not consider whether the agreement right back in the PK or PKB. However, steps to restore balance to be done.

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