印尼大陆法系中未婚者收养子女的问题

Cepalo Pub Date : 2021-12-31 DOI:10.25041/cepalo.v5no2.2390
Glad Mauraina, Angel Pratiwi, D. Purnama
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引用次数: 1

摘要

收养是由合法结婚的夫妇进行的,也可以由不想组建家庭但仍希望有孩子作为继承人并在未来以单亲身份照顾他们的人来完成。印度尼西亚共和国社会事务部长关于儿童收养要求的第110/HUK/2009号条例第10条第(3)款规定,通过托儿机构收养儿童可以首先由准养父母进行。根据印度尼西亚共和国社会事务部第110/HUK/2009号条例第20条e款的规定,准养父母已经合法结婚至少五年。在本研究期刊中,我们将讨论未婚人士收养儿童的问题。本研究侧重于规范法律研究,考察立法的内容。这项法律研究采用了两种方法,即法定方法和概念方法。研究人员会找到提供法律理解、法律概念和法律原则的想法。本研究的结论是,收养可以由已婚夫妇和未婚人士/单亲父母进行。请参阅2007年关于收养儿童的第54号政府条例。1983年颁布的最高法院第6号通函加强了这一规定,其中解释说,未婚、已婚或单亲的印度尼西亚公民可以收养一个孩子。
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CHILD ADOPTION BY UNMARRIED PERSON IN THE INDONESIAN CIVIL LAW SYSTEM
Adoption is carried out by a legally married couple and could also be done by someone who does not want to build a household but still wants to have children as successors and who would take care of them in the future as a single parent. Article 10 paragraph (3) of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Child Adoption Requirements states that child adoption through a childcare institution could be carried out firstly by a prospective foster parent. Prospective Foster Parents have been legally married for a minimum of five years, as stated in Article 20 letter e of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009. In this research journal, we would discuss the issue of Child Adoption by Non-Marriage Person. This study focuses on normative legal research that examines the content of legislation. This legal research was conducted with two approaches consisting of a statutory approach and a conceptual approach. Researchers would find ideas that provide legal understanding, legal concepts, and legal principles. This research concludes that adoption could be carried out by married couples and non-married person/single parent. It is referred to Government Regulation Number 54 of 2007 concerning Adoption of Children. This regulation is reinforced by the issuance of Circular Letter of the Supreme Court (SEMA) Number 6 of 1983 explaining that it is possible for Indonesian citizens who are unmarried, have been married, or a single parent, to adopt a child.
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发文量
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审稿时长
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