Adoption in Indonesian Legal System

NURHAYATI, BERNADETA RESTI and Setianto, Benny Danang and Clarinta, Catharine (2013) Adoption in Indonesian Legal System. In: Celebrating Diversity: 10years of ASLI 10th Asian Law Institute Conference.

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In some countries the adoption procedure is legally well arranged despite their variety of procedures range between written to customary law. This paper will discuss the various potential problems that will arise in adoption affairs, for instance which adoption systems that are in force, the need of unifying the laws, as well as supervision model to protect the rights and lives of adopted children. In Indonesian written legal system, adoption regulation is found in the Civil Code. This regulation is intended to the Indonesian citizens of Tiong Hoa or Chinese descendant and other foreign Asian descents. Besides, adoption is also regulated in the Act number 4/1979 on Child Welfare, the Act nr. 23/2002 on Child Protection, and Government Regulation nr. 54/2007 on Implementation of Adoption emphasizing the principle that adoption is only allowed for the child’s best interests in order to promote the child’s welfare. In Indonesian customary law system that basically prevails to the indigenous Indonesians there are several types of adoption, namely: (1) to adopt a child fully (the child is taken away from the family’s origin), and (2) to adopt a child without removing the child from the family’s origin (child of pupon). There are some motives in adoption in customary law. The absence of the unification of adoption procedure makes the procedures varied till now let alone the different adoption procedures based on various customs. One thing to be realized is the fact that the adoption based on custom will potentially create legal problems in the future, especially if the adoption is done by those of foreign nationality. It is therefore important to make unification of adoption regulations soon in order to ensure legal certainty. There is also a need of oversight conducted by the government and society as well in order the adoption is done based on honest motives that will protect the child’s interests. Keywords: adoption, adoption by custom, the child's best interests.

Item Type: Conference or Workshop Item (Paper)
Subjects: 300 Social Sciences > 340 Law
Divisions: Faculty of Law and Communication
Depositing User: Ms B. Resti Nurhayati
Date Deposited: 19 Oct 2023 09:09
Last Modified: 19 Oct 2023 09:09

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