NURHAYATI, BERNADETA RESTI and Simandjuntak, Marcella Elwina and SARASWATI, RIKA The Role of the Semarang Immigration Detention Center in Providing Legal Protection for Stateless Child Detainees. In: 6th International Conference of Law Reform (INCLAR) :, 22 Juli 2025, Malang Indonesia.

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Abstract

Every child has the rights to a nationality. In Indonesia, this rights is protected under Law No. 23 of 2002 on Child Protection and the Convention on the Rights of the Child, which Indonesia has ratified. In principle, the rights to nationality must be granted from birth; however, certain situations may result in a child being stateless and lacking clear legal status. The aim of this research is to analyze legal norms relating to the protection of stateless detainees and what solutions can be provided for these stateless detainees. This study uses juridical-sociological approach with primary and secondary data sources, this study employed qualitative analysis. The study was conducted at the Semarang Immigration Detention Center (Rudenim). Focus Group Discussions (FGDs) were conducted with the Head and staff of Rudenim involved in detainee management. This study evaluated the legal and administrative steps taken by Rudenim Semarang to protect the rights and resolve the citizenship status of stateless children detained there. There are three key steps emerge from these findings. First, efforts to facilitate legal recognition of biological paternity failed due to the father's refusal to file for recognition with the Religious Court. Second, deportation efforts to Taiwan were hampered by the child's lack of legal status and the high cost of DNA testing, which made the child ineligible for return to Taiwan. To secure citizenship for the child, diplomatic negotiations were conducted with the Taipei Economic and Trade Office (TETO) to revoke the mother's citizenship and simultaneously grant both mother and child Indonesian citizenship.The value to be raised in this research is that the resolution of citizenship issues is not only based on a legal approach, but also on a humanitarian approach. Keywords: Stateless Children, Nationality Rights, Immigration Detention, Child Protection law, Legal Remedies.

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