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Sriro's Desk Reference of Indonesian Law

by Andrew I. Sriro

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 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 the subject of 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).