ADOPTED FOREIGNERS INHERITANCE BY INDONESIAN CITIZEN
DOI:
https://doi.org/10.26532/jph.v6i2.9260Keywords:
Adopted child, Erfstelling, Inheritance, Law, Wajibah TestamentAbstract
Adoption 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 ChildrenWelfare 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. An adoption is a legal act that distracts a child from the environment of its parents, legal guardian, or other people responsible
for the care, education, and parenting, into a family environment with foster parents. It lawful both adoptions between Indonesian citizens and adoption
among Indonesian citizens and foreigners. However, what is the legal consequences arising from the removal of the child? Is the adopted child could inherit from
their foster parents or not? Or is there a way to pass down an inheritance to adopted children who allowed the legislation? Therefore, this article will discuss.
References
Brodzinsky D, editor. The Psychology of Adoption. Oxford; Oxford University Press; 1990
Brodzinsky DM, Schechter MD, Marantz Hening R. Being Adopted: The Lifelong Search for Self. New York: Doubleday; 1992
Civil Law/Code Government Regulation No. 54 of 2007 on the Implementation of Child Adoption
Hansen, M. E. (2007). Using subsidies to promote the adoption of children from foster care. Journal of Family and Economic Issues, 28, 377–393. doi: 10.1007/s10834-007-9067-6. Retrieved from
http://www.ncbi.nlm.nih.gov/pmc/articles/PMC2646856/
Hartinger-Saunders, R. M., & Trouteaud, A. R. (2015). Underserved adoptive families: Disparities in postadoption access to information, resources, and services. Journal of Family Strengths, 15(1), Article 6. Retrieved from
http://scholarworks.gsu.edu/cgi/viewcontent.cgi?article=1063&context=ssw_facpub
Home, A. (2015). Working with special needs adoptive parents: Insiders’ perspectives on what professionals need to know. Professional Development: The International Journal of Continuing Social Work Education, 18(1), 49–55. Retrieved from
http://www.profdevjournal.org/articles/181049.pdf
Howard, J. A., & Smith, S. L. (2003). After adoption: The needs of adopted youth. Washington, DC: Child Welfare League of America Press.
Howard, J. A., Smith, S. L., & Ryan, S. D. (2004). A comparative
study of child welfare adoptions with other types of adopted
children and birth children. Adoption Quarterly, 7(3), 1–30. doi:
1300/J145v07n03_01
Hudson, C., Cedeño-Zamor, P., Springer, C., Rosenthal, M., Silvia, S., Alexander, S., & Kowal, L. (2006). The development of
postadoption services in Massachusetts. In M. M. Dore (Ed.), The postadoption experience. Adoptive families’ service needs and service outcomes (pp. 135–157). Washington, DC: Child Welfare League of America.
Melina L. Raising Adopted Children: Practical Reassuring Advice for Every Adoptive Parent. New York: HarperCollins Publishers Inc; 1998
Melina L. Making Sense of Adoption: A Parent’s Guide. New York: HarperCollins; 1989
Melina L. Talking to children about their adoption: When to start, what to say, what to expect. Adopted Child. 2000;19:1–4
Maguire Pavao J. The Family of Adoption. Boston: Beacon Press; 1998.
Okun BF, Anderson CM. Understanding Diverse Families: What Practitioners Need to Know. New York: Guilford Press; 1996
Supreme Court Circular (SEMA) No. 2 In 1979, enhanced through SEMA No. 6 of 1983.
The Social Affairs Minister Regulation of the Republic of Indonesia No. 110 / Huk / 2009 of 2009 on Adoption Requirements
https://www.hukumonline.com/klinik/detail/ulasan/cl107/bagaimana-caramengadopsi-anak/ Accessed on November 5th, 2019.
https://nurassajatipurnamaalam.blogspot.com/2013/07/hukum-Inheritancesecara-perdata.html Accessed on November 5th, 2019.
https://irmadevita.com/2012/pembuatan-wasiat-oleh-orang-asing/ Accessed on November 5th, 2019.
https://etaholic.wordpress.com/2012/06/25/analisa-kasus-adopsi-anakinternasional-di-dalam-dan-di-luar-indonesia-berdasarkanketentuan-hukum-perdata-internasional-dan- Rail-rights-child-UN / Accessed on November 5th, 2019.
https://www.hukumonline.com/klinik/detail/ulasan/lt560d4c69baf81/aturandan-syarat-adopsi-anak-wni-oleh-wna/ Accessed on November 5th, 2019.
Downloads
Published
Issue
Section
License
Authors who publish with this journal agree to the following terms:- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).