The Constitutional Rights of Cross Border Children : The Influence of The New Citizen Act in Indonesia

The Constitutional Rights of Cross Border Children ( The influence of the New Citizen Act in Indonesia) This paper explains about the constitutional right of cross border child. The United Nation in the Universal Declaration of Human Rights proclaimed that childhood is entitled to special care and assistance, convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the community.1 Cross border children is the children born outside to United States to one United States parents. 2 This children need more protection because their status that related to the parent’s different citizenship. As the children who is born under the same citizenship parents. The cross border children also have a same rights to be protected. The problem here is the constitutional rights of cross border child, which countries suppose to protected them. Indonesia is one of the countries that still in the law reform transition. One of the legal form that happened in Indonesia is the revised act. The Indonesian government constituted a new citizen act in 11 July 2006. This new citizen act causes a lot of implication, such as the citizenship of children who is born under the international marriage. This citizenship status influence the constitutional right of the children itself. This constitutional right not only influence one countries but also another countries which related to the parents citizens. In this paper, author choose the US to compare how effective Indonesian new citizen act to provide the child citizen and constitutional right problem. 1 Preamble of Convention on The Rights of Child, UN General Aseembly Document A/RES/44/25 (12 December 1989), http://www.cirp.org/library/ethics/UN-convention. 2 http://www.visalaw.com/05jan1/2jan105.html Table of Content I. Introduction 1. The back ground : The importance of cross border child protection 2. Legal standing : The Development of Children Rights a. 1959 Declaration of the rights of children b. Convention on The rights of Children c. The World summit for Children 1990 Indonesian and American Citizen Acts 1. Indonesian Citizen Act a. UU No 62 Tahun 1958 1. Single citizen 2. The option to be Indonesian citizen 3. The option to be alien citizens 4. The issue of law from the Indonesia Citizen Act (UU No 62 Tahun 1958) b. UU No 12 Tahun 2006 1. Universal principle ( Ius Sanguinis/ law of the blood, Ius Soli/ law of the soil, single citizen, double limited citizen) 2. Double citizenship for the foreign marriage : New Issue in Indonesia 2. American Citizen Act a. Child Citizenship Act 2000 b. Dual Citizenship c. Loss of Citizenship The Influence of Indonesia citizen act to the US law 1. The marriage’s and children status between Indonesian and American (compare between Indonesia old and new citizen act) a. Indonesian men married to American Women b. Indonesian women married to American men 2. The Constitutional Rights of cross border Child between Indonesia and US a. The children’s citizenship related to the law of the country b. Double/ dual citizenship c. The choice of citizenship (Indonesia and America) d. The constitutional right following the citizenship of children. e. The constitutional right of children in Indonesia and America Conclusion 1. The difference of the old and new Indonesia citizen act 2. How far the Indonesian citizen act influence America citizen law (better or make a new problem compare to the old Indonesia act) 3. The constitutional right of children in Indonesia and America II. III. IV. I. 1. Introduction The important reason of cross border child protection Every children in the world need a protection. UNICEF uses the term “child protection” to refer to preventing and responding to violence, exploitation and abuse against children; including commercial sexual exploitation, trafficking, child labour, and harmful traditional practices, such as child marriage.3 UNICEF’s child protection programmes also target children who are uniquely vulnerable to these abuses, such as when living to the parental care, in conflict with law and in arm conflict. 4 Cross border children is a children who born from a different citizen parents. 5 As the children which have two different citizenship parents, their positions need more protection because it related to the children’s citizen status. Which countrie’s law established and should protected the children is important issue in the cross border children’s position. By knowing and recognice which law should established in the children’s status, we can know about the constitutional children rights. In addition, constitutional rights is a right guaranteed by a constitution; in U.S especially one guaranteed by the US Constitution or by a state constitution.6 International Bill of Rights stated that the children constitutional rights consists the protection to a name and a nationality from birth; to family care or parental care, or to appropriate alternative care when removed from the family environment; to basic nutrition, shelter, basic health care services and social services; to be protected from maltreatment, neglect, 3 4 www.unicef.org/protection/files/What_is_Child_Protection.pdf Id. 5 http://www.visalaw.com/05jan1/2jan105.html 6 Bryan A Garner, Blacks Law Dictionary Third Pocket Edition, Thomson West, 2006 abuse or degradation; to be protected from exploitative labor practices; not to be required or permitted to perform work or provide services, not to be used directly in armed conflict, and to be protected in times of armed conflict. 7 2. a. The Development of Children Rights 1959 Declaration of the rights of children A five point Declaration of the Child was stated in 1923 by the International Union for Child Welfare, with 1948 revisions in a seven point document. The league of Nations adopted the IUCW Declarationin 1942. The following Declaration of the Rights of the Child was adopted by the United Nations General Assembly in 1959.8 In these Declaration of The Rights of The Child preamble stated that the child, by reason of his physical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth.9 It means that every children protected by this declaration since they were born in the world. There are 10 principles about the children’s rights in these declaration. 10 First, the children should not be in discrimination position. Every children deserve the same rights under these declaration. Second, the rights of protection, opportunities and facilities. Third, the child shall be entitled from his birth to a name and a nationality. Fourth, The child shall enjoy the benefits of social security. Fifth, the treatment rights for the special disabilities children. Sixth, the rights of love and understanding. Seventh, the rights of education. Eight, the children shall in all circumstances be among the first to receive 7 8 http://www.hrcr.org/safrica/childrens_rights/ Albert E Wilkerson, The Rights of Children : Emergent Concepts in Law and Society, Temple University Press Philadelphia, 1973 9 Id 10 Id at 4-6 protection and relief. Nineth, the rights to be protected from neglect, cruel and exploitation. Tenth, the child shall be protected from practices which may foster racial, religious and any other form of discrimination. Based on all of the child priciples in the 1959 Declaration of the rights of children, the third, fourth, eight priciples are the principles which directly related to the cross border child protection because those rights related to the nationality, social security and the right to be first protected in the circumstances. It means that children especially cross border children should protected first time by get the nationality and social security rights. b. Convention on The rights of Children The United Nations Convention on the Rights of the Child, often referred to as CRC or UNCRC, is an international convention setting out the civil, political, economic, social and cultural rights of children.11 Nations that ratify this international convention are bound by it by international law. 12 The Convention acknowledges that every child has certain basic rights, including the right to life, his or her own name and identity, to be raised by his or her parents within a family or cultural grouping and have a relationship with both parents, even if they are separated. The Convention obliges states to allow parents to exercise their parental responsibilities. The Convention also acknowledges that children have the right to express their opinions and to have those opinions heard and acted upon when appropriate, 11 Committee On The Rights of The Child, available at http: //www. Crin. Org/resources/treaties/Committee.asp 12 Id to be protected from abuse or exploitation, to have their privacy protected and requires that their lives not be subject to excessive interference. Regarding to the cross border child interest, these Convention established that every children, including the cross border children needs a protection related to the own name and identity, to be raised by his or her parents within a family or cultural grouping and have a relationship with both parents, even if they are separated. c. The World Summit for Children 1990 On 29-30 September 1990 the largest gathering of world leaders in history assembled at the United Nations to attend the World Summit for Children. Led by 71 heads of State and Government and 88 other senior officials, mostly at the ministerial level, the World Summit adopted a Declaration on the Survival, Protection and Development of Children and a Plan of Action for implementing the Declaration in the 1990s.13 There are a follow up progress since the World Summit for Children 1990. Education Resources Information Center as the organization which concern about education and children rights reported that there are at leat 25 follow up action to protected children after the World summit.14 That follow up are the activities which related to : 15 1) infant and under-five mortality; (2) child malnutrition; (3) safe drinking water; (4) sanitation; (5) guinea worm disease; (6) primary education; (7) adult literacy; (8) acute respiratory infection; (9) maternal mortality; (10) fertility and family planning; (11) maternal care; (12) vitamin A deficiency; (13) iodine deficiency disorders; (14) 13 http://www.unicef.org/wsc/ 14 15 www.eric.ed.gov/ERICWebPortal/recordDetail?accno=ED472029 Id breastfeeding; (15) low birthweight; (16) immunization; (17) measles; (18) neonatal tetanus; (19) diarrhoeal disease; (20) polio eradication; (21) HIV/AIDS; (22) working children; (23) birth registration; (24) the Integrated Management of Childhood Illness (IMCI) initiative; and (25) malaria. The constitutional rights for cross border children showed by the obligation to the birth registration. II. Indonesian and American Citizen Acts The mixed married in the global world is not a weird and unacceptable thing anymore. The borderless condition between each countries in the world gives a lot of opportunities to meet people from different countries with different citizenship. The Mixed marriage means more consequences between the parties because they have two different citizenship. These consequences not only effect for their marriage statuse but also for their children under the mixed marriage. As the children from mixed marriage, they have a complicated statuse related to the citizenship and the children rights because the common law stated that children will be under parents responsibility until they mature enough (18 year old) or married. It means that they will related to their different countries citizenship parents. Indonesia is one of the countries that still in the law reform transition. One of the legal form that happened in Indonesia is the revised act. The Indonesian government constituted a new citizen act in 11 July 2006. This new citizen act causes a lot of implication, such as the citizenship of children who is born under the international marriage. On the other side, United States stated that all persons born in the United States are citizens of the United States (with the very minor exception of certain children of diplomatic personnel). One of the most complicated areas of US citizenship law involves the passage of citizenship to children born outside the US to one or more US citizen parents. These paper will discuss the influence of new citizen act in Indonesia related to the Indonesian and U.S marriage. How the children statuse under Indonesian and U.S marriage, which country should protect and the constitutional rights that applied to the cross border child between Indonesia and United States. 1. a. Indonesian Citizen Act UU No 62 Tahun 1958 There are two citizenship doctrines in the world. First, Ius Soli is a right by which nationality or citizenship can be recognised to any individual born in the territory of the related state.16 Second, Ius sanguinis is a right by which nationality or citizenship can be recognized to any individual with an ancestor who is a national or citizen of that state. Citizenship problem is the personal problem, it means that it will followed every person or individu in the world. 17 Every countries in the world has their autonomy to choose and regulate their citizenship problem. Common law countries regulated their citizenship based on ius soli (domicile prinsip), whether civil law countries regulated their citizenship based on ius sanguinis (blood prinsip). 18 Most of the countries in the world used the pater familias to decide the family issue regarding the citizenship because of unity reason. There is a concept that father is the unity and a leader in the family so it easier to use the father concepts to decides the 16 Vincent, Andrew (2002), Nationalism and particularity. Cambridge; New York: Cambridge University Press 17 Sudargo Gautama (1995), Hukum Perdata Internasional Indonesia, B, Jilid III Bagian I, Buku ke-7, Bandung: Penerbit Alumni. 18 Vincent, Id. children’s citizenship. Indonesia, Germany, Italy, Swiss and Greece are the example of the ius sanguinis based on father blood doctrines.19 There are 3 principles in UU No 62 Tahun 1958. 1. Single citizen Article 7 (1) UU No 62 Tahun 1958 stated that Indonesia is the single citizenship. An alien women who married to Indonesian men can applied being an Indonesian at that time but in the same time, she will lose her original nationality. Article 8 UU No 62 Tahun 1958 stated that Indonesian women who married to alien men will lose her citizenship one year after her marriage if she stated her willingness to release the nationality. The exemption happened if with her statement makes she become no nationality or no citizenship. It means that Indonesia government would not approve her application and she still being Indonesian. Based on the explanation of article 7 and 8 UU No 62 Tahun 1958, there are two options for the allient’s women or men who married with Indonesian. They can choose being Indonesian or still being their native nationality. Their option might have a lot of consequences, not only for both of the couples but also for the children. 2. The option to be Indonesian citizen Regarding to the Indonesian citizenship single principle. The children who born from the mixed marriage between Indonesian and allient should have one nationality and that will be the father’s nationality/father citizenship. These principle stated by article 13 (1) UU No 62 Tahun 1958 : “ children who not yet 18 years old and not married which 19 Sri Susilowati Mahdi, Surini Ahlan Sjarif, dan Akhmad Budi Cahyono (2005), Hukum Perdata; Suatu Pengantar, Jakarta: Gitama Jaya Jakarta. has a legal family relation with the father before the father has Indonesia nationality will have the Indonesia nationality after lived and stay in Indonesia. Based on that article, the children will have two option. The first option is being Indonesian and it just happened for the children who born under Indonesian men and allient women marriage. It would not happened for the children who born under Indonesian women marriage allient men. 3. The option to be alien citizens The second options is being the alien citizen. These option happened if the children born under the Indonesia women and alien men marriage. Since these children born, he or she should made a paspor which is followed her or his father’s nationality. The parents also should made the KITAS (Kartu Izin Tinggal Sementara) or permanent resident permition as far as the children and the alien father lived or stay in Indonesia. These license should always expand and the expenses for that is expensive. 4. The issue of law from the Indonesia Citizen Act (UU No 62 Tahun 1958 The unfair Indonesian and alien women position is the most important issue and critique in old Indonesia citizen act. These issue came because there is a lot of complaint and problem related to the the women status, the children nationality, the living permition and the guardianship for the children if there is a divorce in the marriage. Indonesia women who married to the alien can lose their Indonesian citizenship if they willing and state that. The problem happened because even if they don’t want to release the Indonesian nationality, the allien husband who want to be Indonesian should apply based on the common requirement which is difficult and needs a long time. Article 5 (2) UU No 62 Tahun 1958 stated that to get the Indonesian citizenship, people should 21 year old, born in Indonesia, live, stay at least for five years in continuity or 10 years uncontinuity live or stay in Indonesia, there should be a wife permition if he is married, can speak, know the Indonesia history, mental and physical healthy, pay the tax, has a settle job, and should release the original nationality. The common requirement be an Indonesian citizen for the alien men who married the Indonesian is difficult for most of the couples.20 In additional, the Indonesian wife factor who can not leave the Indonesia because of the language, culture, family matter, job barrier also make another problem from the couples because a lot of mixed Indonesian women and allient men should separated live in another countries. Allien women who married to Indonesian men should release her nationality if she applied to be Indonesian citizen. These special requirement will be change as a common requirement be Indonesian citizenship if the applied time is over than 1 year after marriage. The allien women who want to live in Indonesia should get the sponsor for the husband and the permanent residence permittion which should continuity expand. However the husband died also influence the wife. The alien wife will lose her sponsor to live and stay in Indonesia. Her residencial position also unclear because every time she want to have the abroad trip, she should make a reentry permit which is should approved by her husband. If her husband is die the husband’s heritage land should remove to the wife in a year. An allient women also can not work except as the volunteer. It means that she will lose her contribution to help her husband. Children who born under the mixed marriage with alien mother and Indonesian father, if the father dies and the children still under the ages there is not a clear law which stated that the mother can be the guardian for the Indonesian nationality children. If the 20 father is working for the government (government service) there are not a law which stated about the pension for the alien wife. In addition, the similar condition also happen in the mixed marriage between Indonesian women and alien men. The children which automatically become the alien makes the mother hard being the guardian if there is a divorce between the parents. Even Article 3 UU No 62 Tahun 1958 stated that there is possibility for the Indonesian divorce mother to apply an Indonesian citizenship for their children but in practically, it is hard to deal. Another issue and critic in this act is the citizenship losing. The losing of father’s citizenship will effected the children. The children under the age (not yet 18 year old or not married) also will lose their citizenship. The losing of mother’s citizenship will effected the children. The children under the age (not yet 18 year old or not married) will lose their citizenship if they don’t have the law relation with the father (commonly establish on the unlegal marriage or unlegal children). b. 1. UU No 26 Tahun 2000 Universal principle ( Ius Sanguinis/ law of the blood, Ius Soli/ law of the soil, single citizen, double limited citizen) Indonesian new citizen act regulated the universal principle. Those universal principles are: a) b) c) d) Ius sanguinis/ law of the blood Ius soli/ law of the soil Single citizenship Double limited citizen Those universal principles are the new development in the new Indonesia citizenship act. Based on those universal principles, now Indonesia citizenship law not only applied the ius sanguinis and single citizenship but also combine it with the single citizenship and double limited citizen. It means that the children who born under mixed married can have two citizenship from their parents and should choose one citizenship after they are 18 age or married. Regarding to the children losed their citizenship caused by the parent’s losing citizenship. The father’s losing citizenship and the mother’s losing citizenship (if the children does not have the legal relation with the father) will not make the children also losed their citizenship. 2. Double citizenship for the foreign marriage : New Issue in Indonesia The double citizenship for the children under mixed or foreign married on one side is the new development of Indonesia citizenship act but one the otherside, it also caused a new issued. The new issues raised because has double citizenship means that the children should followed two different law. The problem is the probability of the different regulation from both of countries. For example: Indonesia family law is not regulated the same sex marriage but US law regulated that. If that children still under the age and decides to marriage, which law should applied for them. Another problem is the children’s decision to choose the citizenship. Indonesia citizenship act stated that the children should choose one nationality after they are 18 year old or married but the act does not mention about the consequences of the children who did not choose any nationality. These unmention claused will be the new raised problem related to the fake nationality. The children who will growing up as an adult and make a lot of the law conduct can make the double citizenship as the reason for their crime. 2. a. American Citizen Act Child Citizenship Act 2000 The Child Citizenship Act of 2000 allows certain foreign-born, biological and adopted children of American citizens to acquire American citizenship automatically. These children did not acquire American citizenship at birth, but they are granted citizenship when they enter the United States as lawful permanent residents (LPRs).21 The Child Citizenship Act of 2000 also stated that these child included the biological or legitimated children. This legislation represents a significant and important change in the nationality laws of the United States. The changes made by the CCA authorize the automatic acquisition of citizenship and permanently protect the adopted children of U.S. citizens from deportation.22 In general, children who are younger than 18 years of age and have at least one parent who is a U.S. citizen whether by birth or naturalization will benefit from this new law. Under the CCA, qualifying children who immigrate to the United States with a U.S. citizen parent automatically acquire U.S. citizenship upon entry; children who live abroad acquire citizenship on approval of an application and the taking of the oath of allegiance. b. Dual Citizenship Dual Citizenship means that the person has two different citizenship at the same time. These dual citizenship can not applied, it happened naturally related to the marriage 21 22 http://travel.state.gov/family/adoption/info/info_457.html http://www.uscis.gov/portal/site/uscis/menuitem and the children place’s born. For the example, children who born from the foreigner in the United States automatically has the dual citizenship because the children also a United States citizen. It also happened to the children who born from United States parents outside the United States. Some countries may not allow the dual citizenship, like Indonesia. Even Indonesia now allow the limited dual citizenship for the mixed marriage children under the age. United States is the example of the countries which allows the dual citizenship. It is important to consider that the children or mixed couple who applied for the United States citizenship will not lose their citizenship. They still can keep their original citizenship. c. Loss of Citizenship U.S. citizens are subject to loss of citizenship if they perform certain acts voluntarily and with the intention to relinquish U.S. citizenship. These acts include: 1. Obtaining naturalization in a foreign state; 2. Taking an oath, affirmation or other formal declaration to a foreign state or its political subdivisions; 3. Entering or serving in the armed forces of a foreign state engaged in hostilities against the U.S. or serving as a commissioned or non-commissioned officer in the armed forces of a foreign state; 4. Accepting employment with a foreign government if (a) one has the nationality of that foreign state or (b) a declaration of allegiance is required in accepting the position; 5. Formally renouncing U.S. citizenship before a U.S. consular officer outside the United States; 6. Formally renouncing U.S. citizenship within the U.S. (but only "in time of war"); 7. Conviction for an act of treason Based on that explanation, the United States would not lose their citizenship, unless they relinquished it. Mixed marriage without the relinquished request will not effected the US citizenship. The problem raised if the other partner countries in those marriage is single citizenship. The related person should make a choices. III. 1. The Influence of Indonesia citizen act to the US law The marriage’s and children status between Indonesian and American (compare between Indonesia old and new citizen act) a. Indonesian men married to American Women Based on the Indonesian old citizenship act (UU No 62 Tahun 1958) and The United States Citizenship Act 2000, there are two option citizenship for the children who born under mixed marriage between the Indonesian men and American women. First, the Indonesian citizenship if the children born in Indonesia. Even United States allow the dualcitizenship but Indonesia old citizenship act prohibited that. UU No 62 Tahun 1958 stated that the Indonesia citizenship is the single citizenship so the probablilty of lost American citizenship bigger if the children born in Indonesia. However, those children can applied the American citizenship after they become mature enough with the consequences losing their Indonesian. Second, the children will be the American citizenship if they born in America. Even the father is Indonesia and America allow the dualcitizenship. The children can be the American because born in America and one of the parents is American. If the children growth up and mature enough then applied the Indonesia, it means that he will lose the U.S. citizenship. Since the new Indonesia citizen act (UU No 12 Tahun 2006), Even if Indonesia still single citizenship principles but there is the exemption for the children who born under mixed marriage. The children who born under the mixed marriage has dualcitizenship until they are mature enough to decide which country they want to be. However, even America allow the citizenship, the cross border children between Indonesian and America still choose Indonesia and America for their citizenship. The dualcitizenship is a good development in Indonesia citizenship law. Even there is still a lot of criticism, especially about the suggestion to unlimited dualcitizenship for the cross border children. The Indonesia government stated that these suggestion is the hard suggestion because unlimited dualcitizenship means those person will protected by two countries. Dual citizenship not always give a lot of benefit but also more obligation, such as: taxation and voluntary war services. b. Indonesian women married to American men The old Indonesia citizenship act (UU No 62 Tahun 1958) stated that the children who born from the Indonesia women to American men will lose the Indonesia citizenship because they should follow the father’s citizenship but the new Indonesian citizenship act under article 6 allow the cross border children have the dualcitizenship until they are old enough (18 years) or marriage. These new citizenship act (UU No 12 Tahun 2006) also gives the Indonesian citizenship for the mixed children which not get any citizenship from the father.23 2. a. The Constitutional Rights of cross border Child between Indonesia and US The children’s citizenship related to the law of the country The children’s citizenship related to the law of the country because since that children become the citizen of the specific countries, since that time the children have the right and obligation under those countries law. One of the fundamental rights is the constitutional right. Under the constitutional right, the children can know what protected right that they got from the country. These right will follow the children. Wherever they stay or lived as long as they are not relinquish their citizenship in that specific countries. The children constitutional right also give the law protection because all the right which protected the children mention in the constitution and it is the basic right. b. Double/ dual citizenship Double or dual citizenship means that the children will have two countries which protected their self. One side is it good because it means that the children will be have more protected right. It might in the first citizenship, they do not have that kind of protection but they protected by the second citizenship. However, the problem will raised if the first and second citizenship country has the overlapping regulation. How if in the first country the A conduct is prohibited but in the second country allowed. Another problem that can raised is the double obligation and which law should protected the children after they grow up. Since the children growing up as the adult, they will make a lot of law conduct, such as for example the driving license, the sales contract, etc. It will make a confusion if 23 Article 5 UU No 12 Tahun 2006, they are dualcitizenship. Dualcitizenship also can raised the law infringement even the criminal. c. The choice of citizenship (Indonesia and America) Regarding to the mixed marriage between Indonesia and U.S. the children will have the dualcitizenship until they are mature enough (18 year old) or marriage. It means that they will be protected by two countries. Both of two countries from the father and mother side will protected the children. They will protected by the father and mother’s countries constitutional right until they mature enough and choose one citizenship. d. The constitutional right following the citizenship of children. The constitutional right following the citizenship right. It means that the cross border child (Indonesia andAmerica) will have two ctitizenship right. The Indonesia and America constitutional right. The Indonesia constitutional right is regulated in the article 27 and 28 Indonesia constitution 1945. There also the children act (UU No 23 Tahun 2002) which give the specified protection for children. The U.S. Constitutional right as the definition of constitutional right in the Bill of rights, stated that Persons may also have constitutional rights protected by the constitution of a state.24 Based on that, the constitutional right in U.S not only the constitutional right protected by the U.S. constitution but also the state regulation which related to the domicile of the children. It is different from Indonesia which children issue is the national issue and the Indonesia central government is the one which has the authoritation for that. e. The constitutional right of children in Indonesia and America Indonesia children constitutional right constituted in the article 27 and 28 Indonesian constitution 1945. Article 27 and 28 is the basic right that protected all of 24 http://en.wikipedia.org/wiki/Constitutional_right Indonesian citizen as the human being. Article 27 constituted about the equal protection in front of law, the right to get the good life. Article 28 constitutes the freedom to state a statement and to make or joint the organization. Article 28 also constituted about all of the human rights protection. UU No 23 Tahun 2002 constituted the children protection more specifically. Article 4-18 UU No 23 Tahun 2002 constituted about the children protection. The most related constitutional children right to the cross border children is the children protection from the political influence, army, social and violence event or war. As we know that the cross border child is in harder position compare to the single citizenship children because they have two countries that protected their rights. Indonesia regulation stated that cross border children related to the article 15 UU No 23 Tahun 2002 should be protected under Indonesian law if there is a war in their another citizenship country. United States regulated the constitutional law in the constitution and state regulation. A cross border children who have the dualcitizenship related to the Indonesia and America married will protected by the Indonesia law, the U.S. law and the state law in U.S which those children living or staying. The U.S.constitutional law stated that every U.S. citizenship protected under the due process clause (Fifth and fourteenth amendment), the equal protection clause (fourteenth amendment), the priviliges and immunities clauses (article IV and fourteenth amendment), the taking clause, the contracts clause and the ex post facto clause. The U.S. also gives the freedom of expression and religion. Regarding to the cross border children constitutional right, the rights that directly related to the cross border children are the equal protection clause, the priviliges and immunities clause. The equal protection clause means that the equal protection clause of the 14th amendment of the U.S. Constitution prohibits states from denying any person within its jurisdiction the equal protection of the laws.25 In other words, the laws of a state must treat an individual in the same manner as others in similar conditions and circumstances.26 The priviliges and immunities clause means that 25 26 http://www.law.cornell.edu/wex/index.php/Equal_protection Id IV. Conclusion The differences between Indonesia old and new citizen act is in the exemption of single citizenship. These exemption allowed for the children who born under mixed marriage. The new Indonesia citizenship act allow the dualcitizenship until the children mature enough (18 year old) or marriage so they can decide to choose their citizenship. The new Indonesia citizenship act basically give a better development to the U.S. citizen law because it gives the opportunity for the cross border children under marriage between Indonesian men to U.S. women to get the U.S. citizenship. I think the Indonesia government decision to use the singlecitizenship is a good choices rather than give the dualcitizenship for the cross border children. It will prevented the criminal caused by the dualcitizenship. The Indonesia constitutional children rights constituted in Article 27 and 28 Indonesia constitution 1945, furthermore it also regulated in one specific act, UU No 23 Tahun 2002 about children protection act. Different to the Indonesia, U.S. protected their citizenship constitutional right under the U.S. Constitution and state regulation. In conclusion, the cross border children between mixed marriage Indonesia-America will protected by the Indonesia law (Indonesia constitution 1945 and UU No 23 Tahun 2002 about children protection act), U.S. Constitution and state where the children stay or living.