PENGATURAN TERHADAP PENGANGKATAN ANAK OLEH ORANG TUA ANGKAT YANG BERKEWARGANEGARAAN ASlNG BERDASARKAN HUKUM PERDATA INTERNASIONAL (Studi Kasus Pengadopsian Angelica Christine di Batam)

Abstract

ABSTRAK Intercountry adoption is the adoption of a child who has a different nationality from the prospective adoptive parents as regulated by International Private Law using Articles 16, 17 and 18 AB, The Hague Convention on the Protection of ChiIdren and Co-operation in Respect of lntercountry Adoption and Convention on the Right of the chiId 1989 which is implemented through SEMA No. 6 of 1983 concerning Adoption of Children, PP No. 54 of 2007 concerning lmplementation of ChiId Adoption, and Minister of SociaI Affairs ReguIation no. 110/HUK/2009 concerning Requirement for Adoption of ChiIdren. Adoption of Indonesian citizens' chiIdren by foreigners is carried out based on Indonesian law by fulfilling all requirements and procedures according to statutory regulations. However, in its implementation there were those who did not meet the requirement as stipulated in the regulations, for example the cases of Angelica Christine and Lingga Pradipta. The objectives are 1) To analyze the arrangements for adoption of chiIdren by adoptive parents who are foreign nationals based on International Private Law? 2) To analyze the implementation of adoptions of chiIdren of lndonesian citizens by foreign citizens in Indonesia? The type of research used is normative juridicaI using secondary data sources and data collection techniques in the form of document studies which are analyzed qualitativeIy. The research resuIts show that 1) International child adoption based on International Private Law is carried out in accordance with the ruIes which can be seen from Ius Constitutum and Ius Constituendum 2) The implementation of child adoption which is regulated through statutory regulations in Indonesia is still not optimal.