Perlindungan hukum bagi anak berkewarganegaraan ganda terhadap hak waris atas tanah = Insider trading crime enforcement in Indonesia capital market law

Nabila, Wanda (2021) Perlindungan hukum bagi anak berkewarganegaraan ganda terhadap hak waris atas tanah = Insider trading crime enforcement in Indonesia capital market law. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

This study aims to examine the rights obtained by children born from mixed marriages in term of political, employment, and land ownership as well as legal protection of land inheritances rights of children with dual citizenship according to Law No. 5 of 1960 concerning Basic Agrarian Principles (Agrarian Law). The method of research is normative research, specifically juridical normative, which means a study that has a relationship between juridical factors (positive law) and normative factors (legal principles). The data collection method used in this research is library research. This paper utilizes conceptual approach and a legal approach. After obtaining related material from library research and field studies, the data is analyzed to answer the problem. Two conclusions are obtained regarding the results of research and discussion. First, status and position are very crucial for children with dual citizenship as if they are considered as foreign citizens, the children will lose rights in politics, agriculture, and limited rights to work. The dual citizenship status has also been challenged in the Constitutional Court Decision Number 80 / PUU-XIV / 2016 however the Panel of Judges refuse to grant the claim because the applicant based the claim on absence of knowledge. Second, overcome the problem of inheritance rights, various laws can be examined in order to create protection, namely the Marriage Law, the Citizenship Law, and Agrarian Law. Based on this research, the most suitable law to be reformed is the procedural rules of the Citizenship Law which creates difficulty for children resulting from mixed marriage to get citizenship and hinder them to obtain inheritance rights.

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