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This book is an excellent compendium of translations
of Indonesian legal concepts into the terminology of the English
language of law. Indonesian law is defined in a clear and concise
format. Updated annually with the latest rules and regulations,
this indispensable reference covers over 90 substantive subjects
including: anti-trust, arbitration, banking, business organizations,
capital markets, contracts, courts, criminal, debtor and creditor,
documents and records, employment and immigration, estates and trusts,
family law, finance and securities, foreign investment and trade,
government and legal system, intellectual property, marriage and
divorce, property ownership, property rights, sales, taxation, telecommunications,
treaties and conventions.
For more complete information on the legal system in Indonesia, purchase Sriro's Desk Reference of Indonesian Law 2009 by Andrew I. Sriro.
The book is also available at the various Jakarta branches of Kinokuniya, Aksara and Periplus bookstores, as well as the Periplus kiosks at the airport. |
Excerpts from the Desk Reference ... on Family Law
Family Adoptions
Adoption (pengangkatan anak) is governed by Law No. 23 of 2002 dated
22nd of Oct. 2002 concerning Child Protection; Decree of Minister of Social
Affairs No. 44/HUK/1997 dated 31st of July 1997 concerning Fostering of
Children Welfare through Adoption; Decree of Minister of Social Affairs
No. 2/HUK/1995 dated 25th of Jan. 1995 concerning Completion of Attachment
of Decree of Minister of Social Affairs No. 13/HUK/1993 concerning Implementation
of Adoption; Supreme Court Circular Letter No. 2 of 1979 dated 7th of
Apr. 1979 concerning Adoption; and Supreme Court Circular Letter No. 6
of 1983 dated 30th of Sept. 1983 concerning Completion of Supreme Court
Circular Letter No. 2 of 1979 concerning Adoption.
Adoptions may only be implemented if in best interests of adoptive child.
(Art. 39(1) of Law No. 23 of 2002 dated 22nd of Oct. 2002 concerning Child
Protection). Adoptive parents must have same religion with adoptive child.
(Id. at Art. 39(3)). Adoption by foreign citizens may only be conducted
as last resort. (Id. at Art. 39(4)). Government and society provide guidance
and supervision relating to adoption. (Id. at Art. 41(1)).
Three categories of adoptions are recognized in Indonesia: (i) adoptions
of Indonesian citizens by Indonesian citizens (Point 1(1) of Decree of
Minister of Social Affairs No. 2/HUK/1995 dated 25th of Jan. 1995 amending
Section II(3)(a) of Attachment of Decree of Minister of Social Affairs
No. 13/HUK/1993 concerning Implementation of Adoption); (ii) adoptions
of Indonesian citizens by non-Indonesian citizens (id. amending Section
II.3(b)); and (iii) adoptions of foreign citizens by Indonesian citizens
(id. amending Section II.3(c)). Adoptions must be approved by Minister
of Social Affairs and registered with Department of Social Affairs. (Section
IV(1) of Attachment of Decree of Minister of Social Affairs No. 13/HUK/1993).
Adoptive parents must: (i) have been married for at least five years
unless doctor’s letter certifying impossibility of having children
is submitted with adoption application (Point 1(2) of Decree of Minister
of Social Affairs No. 2/HUK/1995 amending Section V(A)(1)(a) of Attachment
of Decree of Minister of Social Affairs No. 13/HUK/1993); (ii) be between
ages of 30 and 45 years (Section V(A)(1)(b) of Attachment of Decree of
Minister of Social Affairs No. 13/HUK/1993); (iii) have no more than one
child (id. at Section V(A)(1)(c)); (iv) be of sound financial, physical
and spiritual condition (id. at Section V(A)(1)(d) and (f)); (v) have
good behaviour based on statement issued by Indonesian Police (id. at
Section V(A)(1)(e)); (vi) provide written statement stating adoption is
conducted for child's welfare (id. at Section V(A)(1)(g)); (vii) provide
social report (laporan sosial) (id. at Section V(A)(1)(h)); (viii) have
taken care of adoptive child for at least six months based on permit from
Area Office Head of Department of Social Affairs (id. at Section VI(1));
and additionally, foreign adoptive parent applicants must: (a) obtain
written agreement from state government of which they hold citizenship
(id. at Section V(A)(2)(b)); and (b) have been working and living legally
in Indonesia for at least two consecutive years supported by statement
issued by authorized official (Point 1(3) of Decree of Minister of Social
Affairs No. 2/HUK/1995 amending Section V(A)(2)(c) of Attachment of Decree
of Minister of Social Affairs No. 13/HUK/1993); (c) provide periodical
report on child’s development through Indonesian embassy in adoptive
parent’s respective country (Section V(A)(2)(d) of Attachment of
Decree of Minister of Social Affairs No. 13/HUK/1993).
Foreign citizen children adopted by Indonesian adoptive parents and
Indonesian citizen children adopted by foreign citizen parents may not
be older than five years. (Point 1(4) of Decree of Minister of Social
Affairs No. 2/HUK/1995 amending Section V(A)(3)(b) of Attachment of Decree
of Minister of Social Affairs No. 13/HUK/1993). Foreign citizens may not
adopt children who are already under parental care. (Section XI(1) of
Attachment of Decree of Minister of Social Affairs No. 13/HUK/1993).
Examination of motives of adoptive parents and parents giving up child,
including their sincerity, seriousness and awareness of consequences of
adoption is substantial element of adoption process. (Point IV(3)(A)(3)
(3.1) and (3.2) of Supreme Court Circular Letter No. 6 of 1983 dated 30th
of Sept. 1983 concerning Completion of Supreme Court Circular Letter No.
2 of 1979 concerning Adoption).
For more information, see the Legal
Matters in Indonesia Forum page. |
