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  • How to get child support from Indonesian father?

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  • #2
    It is NOT illegal to live together for unmarried couples or to have a child together. You shouldn't be afraid of entering this country. And yes, alimony does exist.

    Obviously your first priority is finding the man. An option would be to contact investigators as Zele to help you with this.
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    • #3
      Obviously you would have to contact a local lawyer to set things in motion after they found him. But one tip: Public image and family is everything here. So if you do decide to persue this and would come to the country, I would definitely visit his close family (mother) and explain them the situation (take an interpreter with you).

      Wish you all the best.
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      • #4
        Originally posted by likashally View Post
        Hi, all!
        I tried to find as much info as possible by myself about my situation.
        But it seems there's not much I can do.
        I have a child, he's already 1.5 years old. His father is Indonesian and he is Christian, not Muslim.
        We were students in Taiwan, not married, our child was born in Taiwan.
        The father of my child promised to marry me after his graduation but instead he left us and now he works in Jakarta, our child was only 6 months old that time.
        now I still live in study in Taiwan.
        i tried all the methods to contact him but I simply get no response.
        I don't know any of his friends in Jakarta so I don't know how to find him.
        He's from Surabaya originally and his friends there tell me that they also don't know where he is. I'm not sure if it's true or not.
        I found that the child born out of wedlock can't get any father support.
        Is it true? Can I push him to do DNA?
        Is it possible for me to sue him? I heard it's illegal to even live together for unmarried couples.
        Will he be punished by law then? Will be I punished as well if I go to Indonesia?
        I really hope to get any kind of advice. Thank you!
        Hi likashally,

        how about your hire Private Investigator to find your child's father ?
        if you have copy of his passport it will be much easier to track him down.


        By law and custom, your child father is responsible for the the child's wellfare,
        and your child has full rights as his child, regardless of your marital status.

        I suggest after you find him or his family, try to find the best possible solutions as family, for your child's well being.
        might be better if both your parents and his parents meet too...,

        you might hire lawyers to help with the child support agreement. (Notarized the agreement).
        sue the child's father only as last resort.


        use google chrome to translate this link. I hope the web page will help you....
        http://www.jimlyschool.com/read/anal...ak-luar-kawin/

        Best Regards



        ps:
        you will not be punished for having baby out of wedlock, if you go to indonesia.

        I recommend Erho Security for PI.
        PM if you want the contact number/person for Erho and laywers.

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        • #5
          what nationality are you ??

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          • #6
            Originally posted by likashally View Post
            (1) .. I found that the child born out of wedlock can't get any father support. Is it true?

            (2) Can I push him to do DNA? Is it possible for me to sue him?

            (3) I heard it's illegal to even live together for unmarried couples. Will he be punished by law then? Will be I punished as well if I go to Indonesia? ...

            (1) I am not a lawyer , but from the little I know about the Indonesian marriage Law , I guess you will need to sue him in an Indonesian Court (prove he is the biological father and then request the financial support for the child) .

            But I think the best way , better than suing him , would be to find his parents and make them to help you someway .

            I know about an Indonesian woman who had 2 children with her husband (also Indonesian) , they separated (without divorce) , the husband started living with another woman and he never supported financially these his 2 children , even living nearby . The wife (and her family) never sued him , even being poor (or because of that ?) .

            (2) I think that if doesn't want , you will need to sue him , but I don't know if the judge can force him to have a DNA test .

            (3) Like Jstar said above , I also think that it is not illegal .


            http://www.lbh-apik.or.id/daerah-apik.htm (legal support for women)
            Last edited by marcus; 25-01-16, 09:59.

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            • #7
              Originally posted by fransgg View Post
              (a) ... By law .., your child father is responsible for the the child's wellfare,

              (b) and your child has full rights as his child, regardless of your marital status ...

              (a) I think she first need to prove he is the biological father (in Court) .

              (b) Not according to the Marriage Law (see below) . But there is an Indonesian Constitutional Court decision stating that the child also has legal ties with the biological father/father's family .


              UU no.1 , year 1974

              Pasal 43
              (1) Anak yang dilahirkan di luar perkawinan hanya mempunyai hubungan perdata dengan ibunya dan keluarga ibunya.

              (1) A Child born outside marriage has only a civil relationship with his/her mother and his/her mother's family .

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              • #8
                Originally posted by marcus View Post
                (a) I think she first need to prove he is the biological father (in Court) .

                (b) Not according to the Marriage Law (see below) . But there is an Indonesian Constitutional Court decision stating that the child also has legal ties with the biological father/father's family .


                UU no.1 , year 1974

                Pasal 43
                (1) Anak yang dilahirkan di luar perkawinan hanya mempunyai hubungan perdata dengan ibunya dan keluarga ibunya.

                (1) A Child born outside marriage has only a civil relationship with his/her mother and his/her mother's family .

                Hi Marcus,

                I think the Indonesian constitutional court ruling was related to about fairness/unfairness to children (Child's human rights) caused by Marriage law the UU1 Tahun 1974.
                this is the link
                http://www.jimlyschool.com/read/anal...ak-luar-kawin/

                Best regards,
                Last edited by fransgg; 25-01-16, 21:29.

                Comment


                • #9
                  First thing first, you need to find out where he exactly lives and where his family exactly lives. Jakarta and Surabaya are two big crowded cities.
                  Since he is capable to live abroad to study, that means his family is quite rich, therefore expect family rumble better I think it's better you bring your dad. Chinese family respect father figure, its the same everywhere I think.

                  I dunno much about law, but be wary about Pencemaran nama baik law (slander,defarmation law) if you can't prove he is the father...
                  Spider pig spider pig, does whatever a spider pig can

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                  • #10
                    Nothing you can do in Indonesia because I assume you are a Taiwanese, it happened in Taiwan (out of the jurisdiction of Indonesian law) and you don't have evidence that he promised to marry you. You did it at your own risk, that's the law will see your case.

                    I don't think your government/police want to contact our government/police for your case.

                    I believe that his family doesn't know about this until now so, you need to tell his family. How?
                    Get all his detail document when he registered to the school. You will see the address and landline number of his parents' house in it.
                    Make sure that his parents still live in there. How?
                    Call to the landline number and ask to talk to the man. Since he is working in Jakarta, you will hear the answer that he is not available. It means his parents still live in there. Then, make sure you know the location thru google maps before your visit.
                    Make sure you know the risk, if his family is powerful and doesn't care about you, you will be rejected.
                    If you don't want take the risk, meet them in the church together with the pastor. How?
                    Tailing them to the church on Sunday morning/afternoon (Catholic usually go to the church on Saturday) and after the service, ask you dad to talk to the pastor to facilitate your meeting with his parents, while you talk to his parents for buying time. If you have some questions, I don't think you want to write them down here. Just send me PM.

                    Comment


                    • #11
                      Originally posted by Chin Wag View Post
                      [SIZE=2]Nothing you can do in Indonesia because I assume you are a Taiwanese, it happened in Taiwan (out of the jurisdiction of Indonesian law) and you don't have evidence that he promised to marry you. You did it at your own risk, that's the law will see your case.

                      I don't think your government/police want to contact our government/police for your case.

                      I believe that his family doesn't know about this until now so, you need to tell his family. How?
                      Get all his detail document when he registered to the school. You will see the address and landline number of his parents' house in it.
                      Make sure that his parents still live in there. How?
                      Call to the landline number and ask to talk to the man. Since he is working in Jakarta, you will hear the answer that he is not available. It means his parents still live in there. Then, make sure you know the location thru google maps before your visit.
                      Make sure you know the risk, if his family is powerful and doesn't care about you, you will be rejected.
                      If you don't want take the risk, meet them in the church together with the pastor. How?
                      Tailing them to the church on Sunday morning/afternoon (Catholic usually go to the church on Saturday) and after the service, ask you dad to talk to the pastor to facilitate your meeting with his parents, while you talk to his parents for buying time. If you have some questions, I don't think you want to write them down here. Just send me PM[/SIZE].
                      First of all, she doesn't want to marry him, she wants child support. (And there are precedents.) And she can use the Indonesian legal system.

                      Secondly, an educational center will not so easily give private address information on their students (well, abroad they don't).

                      Whether the family is powerful or not, is irrelevant. If this is a favorite son, there is not a lot he can not get away with. So the keyword is gengsi. The dignity/status/image is very important here. So even in case of a rejection, the family will offer financial support if it is proven that he is the father and if they see a lawsuit coming. (Cf. what happens in case of traffic accidents caused by youngsters of rich families.) Just in one thing you are right; money talks so they could bribe and buy a court outcome.

                      Catholics also go to church on Sundays btw. But the fact she says he is Christian, probably means Kristen Protestan. (He would have told her Christian since that is the way the people here communicate on that.) Combined with the fact he studied in Taiwan, points to a Chinese Indonesian family.

                      Something else she needs to take into account; the moment she proves he is the father, the family might want to take in the son and ask her to give him up.
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                      • #12
                        Don't tell me you are walking back and forth from thread-to-thread to find babes in the woods and devour them. I'm not just writing a trivial here. Notice that she needs advice. I don't want to advice her to do this and that without telling her how to do it. I gave her a practicable advice based on my expertise. Let her alone to decide which advice that suit her. I try to help her this way as I said in my introduction.

                        Originally posted by jstar View Post
                        First of all, she doesn't want to marry him, she wants child support. (And there are precedents.) And she can use the Indonesian legal system.
                        Here you reveal that you don't understand the law of Indonesia. Let me make it simple. The man is Indonesian and the woman is Taiwanese (my assumption based of her questions which reveal that she don't know anything about Indonesia. If the woman is Indonesian is easy for her to contact her family in Indonesia and let them take care of it. The case happened in Taiwan (out of the jurisdiction of the law of Indonesia). Which of the law is applied Taiwan, Indonesia or International law?

                        Originally posted by jstar View Post
                        Secondly, an educational center will not so easily give private address information on their students (well, abroad they don't).
                        All roads lead to Rome

                        Originally posted by jstar View Post
                        Whether the family is powerful or not, is irrelevant. If this is a favorite son, there is not a lot he can not get away with. So the keyword is gengsi. The dignity/status/image is very important here. So even in case of a rejection, the family will offer financial support if it is proven that he is the father and if they see a lawsuit coming. (Cf. what happens in case of traffic accidents caused by youngsters of rich families.)
                        You were so confidence here. You just said that whatever you think, will be. DNA test is the only way for her to prove that he is the father but do you know the procedure for DNA test in this case in Indonesia? Why the DNA test was never happen in the case of an actress and the German last year although it happened in Jakarta? Could it be happen in this case? If the DNA test is never happen, do you think his family will offer financial support? There are so many possibilities which don't cross your mind, aren't you?

                        Originally posted by jstar View Post
                        Just in one thing you are right;
                        So, what's the point?

                        Do you prefer arguing to give her a clue? She doesn't need you to confront me here. She needs advice.
                        Last edited by Chin Wag; 06-02-16, 17:12.

                        Comment


                        • #13
                          well this escalate quickly....

                          @Chin Wag calm down and read your post carefully, there is no need to be aggressive.
                          This is how a public forum works you post, someone else replies, and maybe in disagreement
                          Spider pig spider pig, does whatever a spider pig can

                          Comment


                          • #14
                            Originally posted by Chin Wag View Post
                            Nothing you can do in Indonesia because I assume you are a Taiwanese, it happened in Taiwan (out of the jurisdiction of Indonesian law) and you don't have evidence that he promised to marry you. You did it at your own risk, that's the law will see your case.

                            I don't think your government/police want to contact our government/police for your case.

                            I believe that his family doesn't know about this until now so, you need to tell his family. How?
                            Get all his detail document when he registered to the school. You will see the address and landline number of his parents' house in it.
                            Make sure that his parents still live in there. How?
                            Call to the landline number and ask to talk to the man. Since he is working in Jakarta, you will hear the answer that he is not available. It means his parents still live in there. Then, make sure you know the location thru google maps before your visit.
                            Make sure you know the risk, if his family is powerful and doesn't care about you, you will be rejected.
                            If you don't want take the risk, meet them in the church together with the pastor. How?
                            Tailing them to the church on Sunday morning/afternoon (Catholic usually go to the church on Saturday) and after the service, ask you dad to talk to the pastor to facilitate your meeting with his parents, while you talk to his parents for buying time. If you have some questions, I don't think you want to write them down here. Just send me PM.
                            Hi Chin Wag,

                            Since OP's baby boy's father is her ex boyfriend.
                            According to MK(Constitutional Court) ruling for children born out of wedlock, children who are born out of wedlock has the same rights as children from marriage.
                            http://www.jimlyschool.com/read/anal...ak-luar-kawin/

                            This means, OP's ex-boyfriend is legally responsible for the child's well being. even though the baby was born out of wedlock.
                            So if OP want to sue for child support, then she has legal standing since, by law the baby has same legal rights as his other legal children.
                            Plus, since Indonesia's citizenship is following either parents citizenship(by blood). then the baby has legal standing to claim Indonesian citizenship.

                            Contacting ex-boyfriend's Taiwan school for information is good idea, the school might provide some details.

                            Whether, the ex-boyfriend family are powerful or not, It doesn't matter much...IMHO
                            ex-boyfriend is on the wrong side of the law and culture/customs...

                            I do think that OP's parents should meet with her ex-boyfriend's parents to talk about solutions for child support/baby well being.

                            Most likely if the ex-boyfriend's parents found out about the grandchild. I think they will arrange solutions/child support.
                            small chance they will abandon the grandchild. they already lose face for their son's irresponsibility.


                            OP should retain lawyer for advise and as back up,( if she need to sue in the court as last resort for dna test and child support).
                            The child support agreement should be notarised.

                            Best Regards,
                            Last edited by fransgg; 10-02-16, 02:09.

                            Comment


                            • #15
                              I'm afraid you will give me "red brick" to my reps just jstar and Jaime C did if I reply your post in my own way. Both of them intent to announce to the member of this forum that I'm a negative person based on their personal appraisal. It's childish.

                              I want to make things right when I see something is going wrong. You referred this case to CC's ruling but do you know all ruling in Indonesia refer to UU and/or PERPRES and/or PERMEN. Where do you refer the CC's ruling to?
                              [[COLOR=#0000ff]How can I say this in a very polite way so you don't give me the red brick[/COLOR]] If you don't understand the law of Indonesia don't talk about it because you can jeopardize.

                              Originally posted by fransgg View Post
                              This means, OP's ex-boyfriend is legally responsible for the child's well being. even though the baby was born out of wedlock.
                              So if OP want to sue for child support, then [COLOR=#ff0000]she has legal standing[/COLOR] since, by law the baby has same legal rights as his other legal children.
                              Plus, since Indonesia's citizenship is following either parents citizenship(by blood). then [COLOR=#ff0000]the baby has legal standing to claim Indonesian citizenship[/COLOR].
                              As you talk about legal standing of the child let me explain again here.
                              My assumption : the man is Indonesian, the woman is Taiwanese, and it happened in Taiwan. If you agree with my assumption, please answer this question, "What is the nationality of their child RIGHT NOW?" If your answer is correct then the next question is "Does the child has a legal standing RIGHT NOW?" RIGHT NOW in capital means it is very important. The last question, "In this case based on the assumption above, how does the child can get nationality of Indonesia legally?"

                              You also said that the woman has legal standing. She is Taiwanese so what is her legal standing in the law of Indonesia in this case?

                              For those questions, please inform the UU in Indonesia that you use to refer to your answer.

                              Hint: Indonesia and Taiwan have the same principle of nationality law which is J/Ius Sanguinis.

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