Reconciling Citizenship and Land Rights for Indonesia^s Mixed-Marriage and Their Children
Dian Andriani (1,2), Zulpikar (3), Rini Suryanti (1)

1. Universitas Prima Nusantara Bukittinggi, Jln Kusuma Bhakti No. 99, Bukittinggi
2. Universitas Terbuka, Jalan Cabe Raya, Pondok Cabe, Pamulang, Tangerang Selatan
3. Universitas Primagraha Serang, Jl. Trip Jamaksari, Kota Serang-Banten

e-mail: newdian2280[at]gmail.com (corresponding author)

Abstract

This study examined the legal consequences of mixed marriages and limited dual citizenship in Indonesia, focusing on the risk of losing citizenship under Law No. 12/2006 on Citizenship (UUK 12/2006) and the loss of land ownership rights (Hak Milik) under Law No. 5/1960 on Basic Agrarian Regulations (UUPA). A normative juridical empirical approach was applied through library research, combining a statutory method with interpretive analysis of primary, secondary, and tertiary legal materials. Findings show that Indonesian citizens who marry foreigners risk losing citizenship where the foreign spouse^s national law automatically transfers citizenship upon marriage, unless a timely declaration is filed to retain Indonesian citizenship. Absent an asset separation agreement, land acquired during marriage becomes joint marital property, disqualifying the Indonesian spouse from holding undivided Hak Milik. Children of mixed marriages, though recognized as Indonesian citizens under UUK 12/2006, remain barred from holding Hak Milik during their dual-citizenship period, since Article 21(4) of the UUPA treats dual-citizenship holders as equivalent to foreigners. A structural gap was identified between the inclusive Citizenship Law and the rigid nationality principle of the UUPA, which has not been updated to reflect modern demographic realities and disproportionately burdens women under Indonesia^s CEDAW obligations. The study concludes that legislative reform is necessary: children of mixed marriages should receive conditional land rights tied to retention of Indonesian citizenship, with automatic forfeiture upon formal renunciation at adulthood, aligning Indonesian agrarian law with the constitutional guarantee of equal protection and Indonesia^s CEDAW obligations.

Keywords: citizenship rights, dual citizenship, Hak Milik, land ownership, mixed marriage.

Topic: Technological Moderation for Collective Legal Response (Legal Innovation- Collaborative Regulation- Technology and Law)