Analisis Tantangan Dan Akibat Hukum Perkawinan Campuran Di Indonesia Dalam Perspektif Hukum Perdata Internasional

Abstract

This study aims to analyze the challenges and consequences of the law of cross-border or mixed marriage according to Law No. 1 of 1974 concerning Marriage (UUP) from the perspective of International Civil Law (HPI). This legal research uses a type of normative research that utilizes primary, secondary, and tertiary legal materials in its study. Material collection using literature studies. Research shows that if married couples have different nationalities, then the laws that govern them are also different with the various challenges and consequences that arise between mixed marriages. The Marriage Law does not expressly regulate the legal challenges and consequences arising from mixed marriage. The provision that regulates the legal consequences is Article 62 which stipulates that the status of children from mixed marriages is regulated in accordance with Article 59 paragraph (1) where the citizenship obtained determines the applicable law. Law No. 12 of 2006 provides protection for women married to foreign nationals and children from mixed marriages and has removed discriminatory citizenship rules.