Lo Michael Hary Tuner

Badung, December 22th, 2022
Subject: Legal Opinion & Legal Services Offering
Dear.
MICHAEL HARRY TUNER (Client)
At–
The Place.
Yours faithfully,
The Undersign Bellow :

I NGURAH GEDE DWIPAYANA, S.H.
Advocate & Legal Consultant with office at Kantor Hukum I NGURAH GEDE DWIPAYANA &
PARTNERS located at Jalan Raya Uluwatu Gang Bendesa No 3 Ungasan, South Kuta, Badung
Regency, Tel. 087864337762, hereby provides a Legal Opinion regarding the Plan for Adoption of
Indonesian Citizen children by Foreign Nationals with the following case positions:
1. Whereas Client plans to adopt the child of an Indonesian citizen named Gladys Cantikusuma
the child of a mother named Juerti Novianti, the question is how is the regulation of the
adoption of the child of an Indonesian Citizen (WNI) by a Foreign Citizen (WNA) according
to the laws and regulations in force in Indonesia?
2. whereas if the Client marries the mother of an Indonesian citizen child are the child has the
right to have right and civil relationship with his stepfather ?
Whereas based on the foregoing, I am as an Advocate provide a Legal Opinion limited to the Law of
the Republic of Indonesia concerning the Adoption of children as follows:
1. Whereas based on Article 1 number 2 of Government Regulation Number 54 of 2007 (PP

54/2007) concerning the Implementation of Child Adoption which reads: "The adoption or
adoption of a child is a legal act that transfers a child from the sphere of power of the
parent, legal guardian, or other person responsible for the care, education and raising of the
child, into the family environment of the adoptive parents".
Regarding the adoption of Indonesian citizens' children by foreigners, it is regulated based on
PP 54/2007, namely that they must meet the following requirements:
a. Obtain written permission from the government of the applicant's home country through
the embassy or representative of the applicant's country in Indonesia;
b. Obtain written permission from the Minister; and
c. Through childcare institutions
The conditions that must be met by prospective adoptive parents of foreigners are as follows:
a. Physically and spiritually healthy;
b. Be at least 30 (thirty) years old and at most 55 (fifty-five) years old;
c. Religion is the same as the religion of prospective adopted children;
d. Behave well and never be convicted of a crime;
e. Have the status of being married for at least 5 (five) years;
f. Not a same-sex couple;
g. Do not or have no children or have only one child;
h. In a state of economic and social capability;
i. Obtain the consent of the child and the written permission of the parent or guardian of the
child;
j. Make a written statement that the adoption of the child is in the best interest of the child,
the welfare and protection of the child;
k. Social reports from local social workers;
l. Have taken care of prospective adopted children for at least 6 (six) months, since the
parenting permit was granted; and
m. Obtain the permission of the Minister and/or the head of social agencies.
In addition to meeting the above requirements, prospective adoptive parents of foreigners

must also meet the requirements based on the Regulation of the Minister of Social Affairs of
the Republic of Indonesia Number 110 / Huk / 2009 of 2009 concerning Child Adoption
Requirements (Permensos 110/2009) as follows:
a. Have been residing in Indonesia legally for 2 (two) years;
b. Obtain written consent from the government of the applicant's country; and
c. Make a written statement reporting the child's development to the Ministry of Foreign
Affairs of the Republic of Indonesia through the local Representative of the Republic of
Indonesia.
Whereas if the situation from the above conditions, then Michael Hary Tuner who is 64
years old cannot adopt a child named Gladys Cantikusuma, because of age and
religious differences.
Whereas my suggestion as an advocate for Michael Hary Tuner to have opportunity to

maintain and make Gladys Cantikusuma to be able to have a civil relationship with Michael
Hary Tuner by :
 Michael Hary Tuner with Juerti Novianti entered into a marriage religiously and the
beliefs he wanted to adhere to (can be chosen based on islamic law / or catholicism).
 includes Gladys Cantikusuma following her stepfather (Michael Hary Tuner).
 Certify Gladys Cantikusuma as a child by :
 Make an statement letter.
 make a premarital agreement.
 Make a grant agreement.
 Make a will.
 Attestation to the Court.
2. The process of dividing inheritance in Indonesia can be carried out based on civil law, Islamic
law, and customary law so that the heirs can agree together on what inheritance law they want
to use when the heir dies (legal subjugation). Civil law itself regulates inheritance issues in
the Civil Code (KuhPerdata). Article 832 of the Civil Code states that "the rightful heir
according to the law is the blood family, whether lawful or extramarital, and the husband or
wife who lives the longest".
Based on the foregoing If sdr Michael Hary Tuner wants to care for, nurture and raise
Gladys Cantikusuma by entering into a marriage with Juerti Novianti and making legal
documents above.
Legal Services Offerings :

Whereas I hereby as an Advocate offer to client Michael Hary Tuner as follows :
 Make an affidavit, Premarital Agreement, Power of Attorney, Will grant
agreement, Attestation and guardianship IDR.35,000,000,- (thirty-five million
rupiah).
Thus Legal Opinion and legal services offers are made so that they can be used as appropriate.
Best Regards,
I NGURAH GEDE DWIPAYANA, S.H.

Lo Michael Hary Tuner

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Lo Michael Hary Tuner

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Badung, December 22th, 2022

Subject: Legal Opinion & Legal Services Offering

The Undersign Bellow :

1. Whereas based on Article 1 number 2 of Government Regulation Number 54 of 2007 (PP

In addition to meeting the above requirements, prospective adoptive parents of foreigners

Whereas my suggestion as an advocate for Michael Hary Tuner to have opportunity to

Legal Services Offerings :

I NGURAH GEDE DWIPAYANA, S.H.

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