Perlindungan hukum terhadap anak untuk mendapatkan pendidikan budaya dari kedua orang tua yang berbeda kewarganegaraan

Harjanto, Rudy (2021) Perlindungan hukum terhadap anak untuk mendapatkan pendidikan budaya dari kedua orang tua yang berbeda kewarganegaraan. Doctoral thesis, Universitas Pelita Harapan.

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Abstract

Children of mixed nationality marriages in Indonesia whose mother is Indonesian citizen and father of foreign national have the potential to become Indonesian citizen. As citizens, these children have the right and obligation to promote Indonesian national culture in the midst of international relations. National culture as a characteristic and character of the Indonesian nation must be maintained by guaranteeing the freedom of the people to maintain and develop noble cultural values, to strengthen national identity, and to preserve the nation's cultural heritage. These children may have a completely different cultural experience from their parents. As these children grow up - they may even be able to adopt one culture or identity from another tribe or nation. If they cannot inherit the nation's culture, in some cases, these children can even lose their identity, and switch to an identity that may conflict with Indonesian culture. The form of this research is qualitative analysis on normative law which aims to obtain a complete explanation of several aspects studied in laws and regulations or regional regulations or other objects of study. The research method uses a legal and conceptual approach to legislation. This research was conducted in Jakarta from October 2019 - August 2021. The children growing up, must be guarded and cared for because they have special characteristics, namely as guarantors for the continuity of the existence of national and state identity in the future. Children of mixed marriages have the right to receive cultural education from parents of different nationalities, before deciding their citizenship as adults. For this reason, legal protection is needed in the form of regulations so that their rights are protected. The law requires parents of mixed marriages to provide their children with a balanced education of the basic culture of their respective countries of origin. Keywords: mixed marriage, citizenship, rights, legal protection

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