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Finding sollution for children born out of wedlock: Ensuring protecting for Indonesian Migrant Women and Children due to Unofficial (SIRI) Marriage with Malaysian Citizens
This paper examines the protection of Indonesian female migrant workers and their children born out of wedlock due to unofficial (siri) marriages with Malaysian citizens. These children are considered born out of wedlock as Malaysian law does not recognize siri marriages, and the Federal Constitution prohibits Malaysian men from passing nationality to children born out of wedlock, rendering them non-citizens with restricted access to education, healthcare, and facing risks of detention and repatriation. Although Indonesia provides safeguards through Law No. 23 of 2002 and Law No. 12 of 2006, granting citizenship and protecting children's rights, many parents lack required documents to access formal education in Malaysia. The paper argues that Indonesia and Malaysia should treat this as a structural problem requiring active bilateral engagement through measures including: systematic data collection, awareness-raising campaigns as preventive action, active lobbying and negotiation with relevant Malaysian stakeholders, and participation in joint research and seminars with Malaysian universities to develop sustainable solutions and break the intergenerational poverty trap.
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