Juridical Study in The Application of the Law About Foster- Child Adoption in Indonesia by Foreign Nationals

Bernadeta Resti Nurhayati, Ignatius Hartyo Purwanto

Abstract


The adoption or adopting transfer of rights to child from authority of parents, legal guardians, or other people who responsible for nurturing, educating, and raise the child to his foster parents family based on law or sentence. Adoption might be conducted to Indonesian children by parents of Indonesian or even in some special cases, adoption can be conducted by foreign nationals. The adoption of Indonesian children by foreign nationals is restricted. This is due to the protection of foster-children who adopted by foreign nationals, so that they do not experience unwanted things considering that the child will be taken abroad by the foster parents. Incidents such as children who, after being taken by their foster parents, experience violence or become victims of human trafficking are things that must be considered before deciding to allow the adoption of Indonesian children by foreign nationals.


Keywords


Adoption; Inter-country adoption; International private law

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References


Iman Sudiyat, Hukum Adat, Sketsa Asas, Yogyakarta: Liberty Press, page. 102 (1981).

MG. Endang Sumiarni dan Chandera Halim, The Series of Legal Protection on Children Number 1, Legal Protection on Children Based on Family Law, Universitas Atma Jaya Yogyakarta Press, op.cit., page. 198 (2000).

Rusli Pandika, Hukum Pengangkatan Anak, Sinar Grafika, Jakarta, page. 24 (2012).

The adoption process of Indonesian by froreign nationals: The study case of Tristan Dowse, http://lib.ui.ac.id/file?file=pdf/abstrak-111274.pdf, access on June 16, 2020. Detik.news., February 25, 2006, Social Department observe the Irish Court on verdict for Tristan, https://news.detik.com/berita/d-547331/depsos-awasi-putusan-pengadilan-irlandia-untuk-tristan, access on June 16, (2020).

The Circular Letter of Ministry of Justice Law and Regulations NumberJHA I/I/2 Tahun 1978 about the procedure of adopting Indonesian child by foreign nationals.

The Circular Letter of Supreme Court (SEMA) Number 6 of 1983 about the Revision of the Circular Letter Number 2 of 1983 about the the Revision of the Circular Letter No 2 of 1979 about the Procedure of Adopting Children Officially by District Court (1983).

The resume by Independentie (newspaper), 8 February 2009, The curious case of Tristan Dowse, https://www.independent.ie/life/family/mothers-babies/the-curious-case-of-tristan-dowse-26512267.html, access on June 22, (2020).




DOI: http://dx.doi.org/10.23887/mkfis.v20i1.30428

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