Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia

Research Article

The Inheritance Rights of a Foreign Citizen Child of an Indonesian Mother in the Perspective of Private International Law (Review of the Decision Number 141/G/2010/PTUN-JKT jo. Decision Number 863/2011/PTUN-JKT jo. Decision Number 28K/TUN/2011 jo. Decision Number 105 PK/TUN/2013)

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  • @INPROCEEDINGS{10.4108/eai.17-7-2019.2303468,
        author={Cut  Memi},
        title={The Inheritance Rights of a Foreign  Citizen Child of an Indonesian Mother in the Perspective of Private International Law (Review of the Decision Number 141/G/2010/PTUN-JKT jo. Decision Number 863/2011/PTUN-JKT jo. Decision Number 28K/TUN/2011 jo. Decision Number 105 PK/TUN/2013)},
        proceedings={Proceedings of the 1st International Conference on Science and Technology in Administration and Management Information, ICSTIAMI 2019, 17-18 July 2019, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICSTIAMI},
        year={2021},
        month={1},
        keywords={inheritance rights of a child law of inheritance marriage between different citizenship},
        doi={10.4108/eai.17-7-2019.2303468}
    }
    
  • Cut Memi
    Year: 2021
    The Inheritance Rights of a Foreign Citizen Child of an Indonesian Mother in the Perspective of Private International Law (Review of the Decision Number 141/G/2010/PTUN-JKT jo. Decision Number 863/2011/PTUN-JKT jo. Decision Number 28K/TUN/2011 jo. Decision Number 105 PK/TUN/2013)
    ICSTIAMI
    EAI
    DOI: 10.4108/eai.17-7-2019.2303468
Cut Memi1,*
  • 1: Lecturer at Law Faculty of Tarumanagara University, S. Parman Street No. 1, Grogol, Jakarta Barat
*Contact email: cutmemi@gmail.com

Abstract

In the event that a different nationality marriage occurs, it is related to several aspects of International Civil Law because the marriage relationship contains foreign elements. On the other hand, it creates differences in nationality between children born from marriage and fathers or mothers who are Indonesian citizens, which also raises legal problems. The method used in this study is the normative legal research method. Based on the Decision Number 1416/2010/PTUN.JKT, the State Administrative Court has taken a final decision by stating that Sunnesh Rattan Laddaram is not entitled to his mother’s inheritance. Even more, the verdict was then upheld to the stage of Judicial Review in the Supreme Court referring to the Decision Number 105/PK/TUN/2013. Upon further analysis, the judge’s verdict indeed in this case is contrary to the rights of the child, the personal status theory, the preliminary issue, as well as the legitimate portion “legitieme portie” theory contained in the private international law. As a result, the researcher would strengthen the private international law theories and recommend that the judges of Jakarta Administrative Court implement the private international law theories in the future decision making and Sunnesh may submit the decision request as a heir to the District Court to gain his inheritance rights.