Abstract
Children are a gift from God Almighty that is dreamed of by every couple. Couples who do not have offspring usually adopt children to continue their lineage and maintain their marriage. Appointment of children in Indonesia is the adoption of children between Indonesian citizens (domestic adoption) and the adoption of children by Foreign Citizens (Intercountry adoption). Requirements and procedures the appointment of an Indonesian citizen by a foreign national is explained in PP No. 54 of 2007 concerning Implementation of Child Appointment, Minister of Social Affairs Regulation No. 110 / HUK / 2009 Regarding the Requirements for Appointment of Children, the two regulations are inseparable from Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to examine and determine the status of inheritance and legal consequences on the citizenship status of the process of adopting Indonesian Citizens' children by Foreign Citizens after a court ruling. The research method used is a normative juridical approach that is by focusing on data and field interviews to study primary, secondary, tertiary data collected in the form of traditional materials that are related to the problem under study which will then be analyzed in a qualitative juridical manner, then analyzed descriptively analytically to obtain a comprehensive and systematic picture of the problem under investigation connected with applicable legal regulations. The results showed that there were still many Indonesian citizens being adopted by foreign citizens who did not comply with the procedures. Problems that arise are regarding citizenship status and inheritance of adopted children. If the adopted child has a foreign nationality, he/she cannot obtain an estate with ownership status, but can only control the usage rights. This is stated in Article 21 of the Basic Agrarian Law.
Highlights
Article 1 paragraph (1) of Law Number 1 of 1974 concerning Marriage contains the purpose of marriage, namely forming a happy family or household
Unlike Islamic law, because the term adoption is not known, it is only known as guardianship, the relationship between the child and the child's biological parents is not broken, likewise with statutory regulations as stated in Article 39 paragraph (2) of Law 35 of 2014 concerning Child Protection which explicitly states that adoption of children by adoptive parents does not sever the child's relationship with their biological parents
In the implementation of the practice of adopting Indonesian citizens by foreign citizens in Indonesia, there are still many irregularities that are not following the procedures and procedures for the adoption process as stated in the laws and regulations regarding the process of implementing adoption
Summary
Article 1 paragraph (1) of Law Number 1 of 1974 concerning Marriage contains the purpose of marriage, namely forming a happy family or household. One of the elements of happiness in the family is the presence of children. Children as a continuation of the lineage and are part of the generation who play a significant role in determining the success of a nation. Not all married couples can have children as expected because many factors can Citizenship Status and Inheritance of Adopted Children Carried Out by Spouses of Foreign Nationals in Indonesia influence a husband and wife to have children as expected. Some efforts can be made by a married couple to have children, one of which is adoption
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