The Right of a Child to Choose a Citizenship in Accordance with Indonesian Legislation Number 12, 2006 on Indonesian Citizenship

摘要

The enactment of the Citizenship Law No 12 of 2006 has brought up some different consequences, especially towards the status and legal position of children of an intermarriage. Children are subjects of law who are not yet capable of taking legal actions on their own and therefore have to be represented by their parents or legal guardians who have legal capacity. Children get the right to have dual citizenship until the age of 18 years. The concept of legal capacity in the Citizenship Law is determined when a child is at the age of 18 (eighteen) years old, where he or she is given the freedom to choose his or her citizenship status. The age is considered the age of consent at which a child can take a stance and be able to understand the consequences of the choice or decision he or she makes. The concept of legal capacity is closely related to the ability of a citizen to be responsible for his or her decision when he or she chooses the legal status of the citizenship. This research is descriptive-qualitative which means a literature review in a form of an analysis of previous research journals relevant to the topic of this research. For that reason, this research uses the approach of juridical normative. It means an approach done or shown to written regulations and other legal materials, meaning an analytical approach to the Legislation No. 12, 2006 on Indonesian Citizenship.