Permohonan adopsi (selanjutnya disebut “MS No. 110 Tahun 2009”).1 Surat edaran Mahkamah Agung Indonesia juga akan disebutkan,2 serta rancangan undang-undang tentang hukum perdata internasional yang dikeluarkan oleh Badan Pembinaan Hukum Nasional (Badan Pembinaan Hukum Nasional). Republik Slovenia untuk Pembangunan Hukum ) pada tahun 2015. Pengangkatan anak adalah suatu perbuatan hukum dimana seorang anak berpindah dari yurisdiksi orang tua, wali yang sah atau orang lain yang bertanggung jawab atas perlindungan, pendidikan dan pengasuhan anak tersebut ke dalam lingkungan hidup orang tua angkat. keluarga." Definisi yang sama juga disebutkan dalam peraturan di bawah ini: Indonesia, Peraturan Menteri Sosial Tentang Permohonan Pengangkatan Anak, Peraturan Menteri Sosial Nomor 110 Tahun 2009, Pasal 1 Ayat (2). Indonesia, Peraturan Menteri Sosial Tentang Persyaratan Pengangkatan, Peraturan Nomor 110 Tahun 2009, Pasal 1 ayat (7).
ADOPTION WITH FOREIGN ELEMENTS
In this situation, the adoption requirements, based on the principle of nationality and the principle of habitual residence, are applied cumulatively to the foreign foster child. In relation to the solemnization process, the author agrees with the provisions described in GR No. 54 of 2007 that it must be in accordance with the Indonesian regulations, instead of MS No. 110 of 2007 which said that it must be in accordance with the provisions of the foreign foster child's original state. It is in accordance with the principle of PIL, "lex loci celebrationis", reflected in Art.18 AB, whereby legal proceedings are valid according to the law where legal proceedings are conducted.43.
Regarding this situation, the author expected the judges to give their decision according to GR No. 54 of 2007 instead of MS No. 110 of 2009. First, GR No. makes any contradiction from the lower regulation will be considered unenforceable. Secondly, the regulation of GR No. 54 of 2007 is in accordance with the principle of PIL.
ADOPTION OF INDONESIAN FOSTER CHILD BY THE FOSTER PARENTS WHO ONE OF THEM IS FOREIGNER
In addition to the requirements of the foreign foster parents, approval is required from the biological parent(s) of the foster parents, however the foreign parent (either mother or father) does not require to have a residence in Indonesia for at least two. years.46 The author thinks that the legal background of this determination that his/her spouse in their legal marriage already becomes a guarantor for him/her.47.
ADOPTION OF INDONESIAN FOSTER CHILD WHO IS ABROAD BY THE FOREIGN FOSTER PARENTS
Furthermore, MS No.110 of 2010 mentions that this adoption of the child must receive written approval from the government of the Republic of Indonesia through its representative office where both parties have their residence. Foster parents must allow a PIPA team to carry out visits to oversee the foster child's development. The foster child can be temporarily placed in the local social child care institution, which has permission from the local government to do so, until the foster parents receive the decision of the local court of the district of adoption of the respective child. 51.
It is very likely that a child born outside the territory of RI will stay outside the territory of Indonesia where it was born. Under the above conditions, the parties to such adoption are more likely to remain outside the territory of RI where they are primarily domiciled or ordinarily resident. This kind of adoption is very risky because the habitual residence of the parties to the adoption is abroad and the only point of contact with Indonesia is the nationality of the foster child.
There will be an option for the adoption to take place before the court where both parties are habitually resident, whereby any recognition or enforcement of a foreign court decision will not be an issue. In this regard, it is recommended to amend GR no. 54 of 2007 to enable this adoption to be carried out outside the territory of Indonesia as already stipulated in MS no. 110 of 2009 for the avoidance of any doubt.
ADOPTION OF INDONESIAN FOSTER CHILD BY THE INDONESIAN FOSTER PARENT(S) WHO BOTH ARE
Indonesian foster child must take back to Indonesia, also the foreign foster parents must come to Indonesia and establish their valid legal domicile in Indonesia at least 2 years. MS No.110 of 2009 gives a possibility to carry out adoption, but it still seems to be different with the main regulation as mentioned in GR No.54 of 2007. Considering that Indonesian regulation is focused on the best interest of the child, it would be advisable if the Indonesian provision states that the child can be adopted according to where she has her usual residence.
It states that the child must obtain the written consent of the Government of the Republic of Indonesia through its representative office where both parties have permanent residence. Legal documents of adoption of children from the original country of the adopters are legalized by the Ministry of Foreign Affairs of that country, and then must be seen or known by the Indonesian representative in that country, and then legalized by the Ministry of Foreign Affairs and the Embassy. the home country of the foster parents in Jakarta and the Ministry of Law and Human Rights. Indonesian foster parents must allow the team to carry out visits to monitor the development of the foster child.
The foster child temporarily can be placed in the local childcare social institution that has permission from the local government to do so until the foster parents obtain the local district court decision of the respective child adoption. 55. It is advisable that GR No.54 of 2007 and MS No.110 of 2010 give clear and direct provisions that it is in line with the principle of "lex loci celebrationis", whereby the process must be according to the regulation where the adoption takes place. performed or occurred.
ADOPTION OF FOREIGN FOSTER CHILD BY INDONESIAN FOSTER PARENTS WHO BOTH ARE
ADOPTION OF FOREIGN FOSTER CHILD BY FOREIGN FOSTER PARENTS ALL OF THEM IN.
ADOPTION OF FOREIGN FOSTER CHILD BY FOREIGN FOSTER PARENTS WHO ALL OF THEM ARE IN
LEGAL CONSEQUENCES OF INDONESIAN INTERCOUNTRY ADOPTIONS
ADOPTIO MINUS PLENA OR ADOPTIO PLENA
These consequences of legal adoption explain why a foster child should be introduced to the ancestors or biological parents depending on the readiness and mental state of the foster child. On the contrary, the adoption of Adat law has the legal effect of severing the relationship between the foster child and her biological parents according to the specific Adat law. A new legal relationship arises between the foster child and the foster parent, in which the child is entitled to inherit from the foster parents in the future.63 Taking into account the above, it is sufficient to conclude that simple adoption or acceptio minus plena and acceptio plena are both used in the territory of Indonesia.
THE NATIONALITY OF FOSTER CHILD
The author's unofficial translation of the above stipulations is as follows: “Any intercountry adoption is subject to the national law of the adoptive parents and the adoptive parents if they have the same nationality. If the foster parents and the foster child have different nationalities, the adoption capacity and requirements are subject to the law of the state where the foster child in question has her (habitual) residence. This principle is accepted in the Hague PIL Convention of 1965 (Convention on Jurisdiction, Applicable Law and Recognition of Decrees relating to Adoption), if the nationality of the foster parents and the foster child are the same, their national law applies. .
Any legal consequence of child adoption, whether in relation to the foster parents or the foster child, is subject to the law of the state where the foster child in question has her habitual residence. Any legal consequence of child adoption between the foster child and his biological family is subject to the law of the state where the foster child in question has her habitual residence." Pursuant to the Bill of 2015, the Nationality Principle is applied when the foster parents and the foster child have the same nationality.
Other than that, the principle of the habitual residence of the foster child is applied, including when determining the legal consequences of adoption as well as the rights and obligations of an adoption. This is acceptable as the international convention applies the same principle, namely the principle of habitual residence of the foster child.
CONCLUSIONS AND RECOMMENDATIONS A. CONCLUSIONS
This means that in addition to the nationality principle, the law of the place where the foster parents have their habitual residence is also applied. The 2015 bill deals with intercountry adoption and considers the 1965 International Convention of the Hague Conference on Private International Law, the Convention on Jurisdiction, Applicable Law and the Recognition of Decrees Relating to Adoption.
RECOMMENDATIONS
Indonesia, Algemeine Bepalingen Wetgeving voor Nederlands Indië (General Laws for the Dutch East Indies), Statstidende 1847 No.23. Indonesia, Presidential Decree Concerning the Ratification of the Convention on the Rights of the Child, Presidential Decree No. 36 of 1990, State Gazette No. 57 of 1990. Indonesia, Regulation of the Minister of Social Affairs of the Republic of Indonesia Regarding the Requirements for Adoption, Regulation of the Minister of Social Affairs No. 110/HUK/2009 of 19 October 2009.
Indonesia, Circular of the Supreme Court of the Republic of Indonesia on Child Adoption, Circular No.2 of 1979, jo. Circular of the Supreme Court of the Republic of Indonesia concerning Perfection to the Circular of the Supreme Court No.2 of 1979 on Child Adoption, Circular No.6 of 1983. Indonesia, Circular of the Supreme Court of the Republic of Indonesia on Child Adoption, Circular No.4 from 1989.
Indonesia, Circular of the Supreme Court of the Republic of Indonesia regarding the adoption of children, Circular no. 3 of 2005. Indonesia, Circular of the Supreme Court of the Republic of Indonesia regarding the obligation to attach a child adoption application to the birth certificate, Circular no. 2 of 2009.
