PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
The article by Wahidullah Wahidullah and Muntaha Artalim Zaim, published in Jurnal Pembangunan Hukum Indonesia, addresses the protection of spouses’ and children’s citizenship, custody and cross-border rights in marriages between persons of different nationalities. It examines national legal frameworks and their relationship with international law by comparing legal practices in Indonesia, the Netherlands, Germany, Canada and Australia.
Using a juridical-normative and comparative method, the research finds that inconsistencies and discrimination in domestic regulations, particularly in determining children’s citizenship status, may lead to statelessness and unequal treatment. It notes that jurisdictions with human-rights-oriented legal systems tend to adopt more flexible and inclusive approaches, while strongly nationalistic approaches are less willing to fully recognize rights across borders. The study proposes a normative reconstruction model grounded in equality, recognition across jurisdictions and the protection of children, alongside the harmonization of domestic laws with international human rights instruments.
Determining children’s citizenship status and spouses’ cross-border family rights in mixed marriages under equality and child-rights standards.
The study shows that inconsistencies and discrimination in domestic regulations, particularly in determining children’s citizenship in mixed marriages, may lead to statelessness and unequal treatment. Its comparative analysis calls for harmonizing domestic laws with international human rights instruments and proposes an approach that combines equality, recognition across jurisdictions and the protection of children.
Jurnal Pembangunan Hukum Indonesia · 2026
DOI 10.14710/jphi.v8i2.223-247