KAJIAN HUKUM TENTANG KELUARGA DAN WARIS DALAM PERKAWINAN CAMPURAN ANTAR NEGARA

Abstract

Interstate intermarriage is a growing legal phenomenon along with the increasing mobility of the global community, technological developments, and cross-border social and economic relations. This kind of marriage not only has legal consequences in the field of family law, but also raises complex problems in the field of inheritance, especially related to the determination of personal status, citizenship, legal choices, court jurisdiction, and the division of inheritance involving more than one national legal system. This study aims to analyze the legal arrangements regarding family and inheritance in interstate mixed marriages based on the perspective of Indonesian law and international civil law. The research method used is normative legal research with a legislative approach, a conceptual approach, and a comparative legal approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that the regulation of mixed marriage in Indonesia still faces various normative and implementation obstacles, especially related to legal conflicts between countries regarding the status of children, limited dual citizenship, inheritance rights of foreign spouses, and possession and ownership of property. In addition, the lack of unification of national inheritance law causes the settlement of inheritance disputes in mixed marriages to often cause legal uncertainty. The principles of lex patriae, lex domicilii, and choice of law are important factors in determining the laws that apply to family relationships and inheritance. Therefore, it is necessary to harmonize regulations and strengthen international civil law arrangements in Indonesia to provide legal certainty, protection of the rights of the parties, and justice in the settlement of family and inheritance cases in interstate mixed marriages.