scholarly journals Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya

2020 ◽  
Vol 1 (2) ◽  
pp. 16-20
Author(s):  
Fransiska Maryl Agatha ◽  
I Ketut Widia ◽  
I Ketut Sukadana

Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the child.

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.


Owner ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 396-406
Author(s):  
Suparna Wijaya ◽  
Annisa Febriana Safira

Adoption have legal consequences for both adopted children, adoptive parents, and biological parents. The legal consequences can be seen in terms of civil law, customary law, islamic law, and also taxes. In civil law, customary law, and also islamic law, the legal consequences of adopting a child are related to the inheritance rights of an adopted child. Meanwhile, in tax the legal consequences of adopting children are related to Non-Taxable Income (PTKP) and the income of adopted children. Provisions related to inheritance rights for adopted children are very clear in the three laws, but the provisions regarding PTKP and the income of adopted children in taxes are not so clear. Based on the results of the study, it was found that there were still differences of opinion regarding PTKP and the income of adopted children. Differences related to PTKP arise when the adopted child has earned income, where the majority of interviewees argue that the adopted child can still be counted as PTKP of his adoptive parents and for the imposition of taxes on the income of the adopted child it is also combined with the adoptive parents. However, there is a opinion that when the adopted child has earned income, it will be counted as PTKP of the biological parents and for the imposition of taxes on the income of the adopted child it will also be combined with his biological parents.


2020 ◽  
Vol 6 (1) ◽  
pp. 17
Author(s):  
Dessy Marliani Listianingsih ◽  
Surini Mangundihardjo ◽  
Farida Prihatini

This study aims to find out the basis of the need to regulate Single Parent Adoption in a legal unification in the form of laws that are viewed from the perspective of child welfare and how the legal consequences for adopted children both in terms of family law and the child's relationship with inheritance adoptive parents. This research was carried out in a juridical-normative approach against two determinations of the application for adoption carried out by single parents from two different district courts, the first one is from the Kandangan District Court in South Kalimantan and the other one is from Depok District Court. The regulation regarding Single Parent Adoption is considered as an urgent or urgent need that should be regulated by the government and legislators as law makers in Indonesia. The existing regulations or regulations only accommodate the general adoption events, and so are only stipulated in government regulations and social ministerial regulations. Because of the different socio-legal and psychological aspects between adoption carried out in general and those carried out by single parents, regulations that specifi cally regulate adoption by single parents need to be made so that aspects of child protection and well-being remain well protected in the future.


2020 ◽  
Vol 3 (2) ◽  
pp. 61-87
Author(s):  
Laily Mas'udah

Implementation of Adoption in the Technical Implementation Unit for the Protection and Social Service of Sidoarjo City Toddler Child Care goes through 9 stages: prospective adoptive parents make an application letter for adoption of a child and written who the prospective adopted child is, filing the adoption administration filing stage, the adoption eligibility test stage with the holding of home visit I, submission of prospective adopted children to Prospective Adoptive Parents, the second step of the feasibility test of adoptive parents, the Recommendation Phase of the Social Service, the consideration phase by KEMENSOS in the PIPA Team session, certificate of granting permission for adoption of the child, finally the court's decision to determine the Court. The rights of children in the Technical Implementation Unit for the Protection and Social Services of Sidoarjo City Toddler Child Care have fulfilled the provisions contained in articles 4 through article 18 of Law Number 23 Year 2002 concerning Child Protection. In Islamic law, adoption of a child may not break the text between the child and his biological parents because it will have legal consequences for the child in terms of inheritance and marriage. In inheritance, adopted children are not included in the category of factors that cause someone to inherit each other, so that the adopted child has no right to inherit from his adopted father. If the adoptive parent wishes to give property to the adopted child it can be distributed by means of a grant while he is still alive or by will.


2010 ◽  
Vol 22 (2) ◽  
pp. 44-52 ◽  
Author(s):  
Anita Gibbs

This article considers adoption from the perspective of parents, especially the strategies that they employ to enhance attachments and build positive parent-child relationships. The article draws particularly on recent New Zealand research regarding intercountry adoptive parenting, as well as overseas literature on good adoptive parenting practice generally in domestic and intercountry adoption. It also considers the research on methods of supporting parents who adopt and whether there are gaps in legislation, policy or practice in New Zealand that could be closed by borrowing from good examples in the literature, and, or current practice examples. The author is an adoptive parent of Russian-born children and is actively involved in adoptive parent support networks.


2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>


Author(s):  
Donald W. Winnicott

In this essay Winnicott discusses the psychology of adoption for parents and child. He writes that it is important to be truthful when talking to adopted children about where they come from, that the adoptive parents are not their biological parents, and that the child was made by nature, and not by magic. If the truth cannot be borne by the adoptive parents, it is very difficult for the adopted child to cope with it. He also considers that adoptive parents wanting a second adoption must go through the selection procedure and other anxieties about choosing to have the adoption, rather than being able to have a child, as it were, normally ‘by accident’. When a mother conceives a second baby, the first child has the experience of mother growing larger over a period of months unlike the case of a second adopted baby that just ‘appears’.


2007 ◽  
Vol 16 (2) ◽  
pp. 108-119 ◽  
Author(s):  
Andrew Turnell ◽  
Sharon Elliott ◽  
Viv Hogg

1997 ◽  
Vol 8 (6) ◽  
pp. 442-447 ◽  
Author(s):  
Robert Plomin ◽  
David W. Fulker ◽  
Robin Corley ◽  
John C DeFries

Children increasingly resemble their parents in cognitive abilities from infancy through adolescence Results obtained from a 20-year longitudinal adoption study of 245 adopted children and their biological and adoptive parents, as well as 245 matched nonadoptive (control) parents and offspring, show that this increasing resemblance is due to genetic factors Adopted children resemble their adoptive parents slightly in early childhood but not at all in middle childhood or adolescence In contrast, during childhood and adolescence, adopted children become more like their biological parents, and to the same degree as children and parents in control families Although these results were strongest for general cognitive ability and verbal ability similar results were found for other specific cognitive abilities—spatial ability, speed of processing, and recognition memory These findings indicate that within this population, genes that stably affect cognitive abilities in adulthood do not all come into play until adolescence and that environmental factors that contribute to cognitive development are not correlated with parents' cognitive ability


2018 ◽  
Author(s):  
Fransiska Novita Eleanora

Adoption is an act of taking someone else child in to her family and this among others who took the child and raised a legal relationship. Rapture is a form a child protection, due guarented child survival, child are protected, so hat children can run with a good future. Constitution number 23 of 2002 on the protection of the children do not allow lifting the child, if his biological parents are still alive, unless the child is an orphan status. The method use is a literature study (normative), to find out of the child adoption in the legal consequences under the law, as well as whether the adoption is a form of child protection. The result is the removal of a child protection because in accordance with the principles of the convention of children (child protection principles)


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