Warrants of Foreign Citizens after Interracial Marriage in Managing Evaluation of the 1945 Constitution

Abstract

Marriages between two people who are bound to disparate laws in Indonesia due to differences in citizenship and one of the couples is an Indonesian citizen have been acknowledged as interracial marriages under the Marriage Law, specified that they are conducted in accordance with the law that is in effect in that nation and are registered with the marriage admission institution. According to the first sentence of article 28D, each individual has the right to acceptance, warranties, safety, and legal certainty that is equal and equitable under the law”. Therefore, each deserves to be guaranteed their rights, particularly the right to request a judicial review of a law that violates the Republic of Indonesia's Constitution, despite the fact that they are foreign citizens. As stated in Article 27 paragraph 1 and Article 28D of the 1945 Constitution as well as Article 3 paragraph 2 and Article 5 paragraph 1 of Law No. 39 of 1999 concerning Human Rights, which essentially describes fairness of rights and status of all individuals prior to the law relating to the purpose defined by the premise of equality before the law, this legal shielding is provided to “all individuals,” and not only Indonesian citizens