NURHAYATI, BERNADETA RESTI and Setianto, Benny Danang and Clarinta, Catharine (2013) ADOPTION IN INDONESIAN LEGAL SYSTEM. In: Asian Law Institute Conference: Celebrating Diversity: 10 years of ASLI, 23-24 Mei 2013, Bangalore, India.

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Abstract

In some countries the adoption procedure is legally well arranged while there are a variety of adoption regulations that scatter - both in written and customary law systems – and all of them are recognized as prevailing laws. This paper will discuss the various matters that potentially appear in adoption affairs, some adoption systems that are in force for the time being, 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 ethnicity 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 - including different adoption procedures based on various customs. However, some others have referred to the prevailing written law. One thing to realize 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.

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