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Need Dad's Name on Birth Cert...Advice Please!

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  • Need Dad's Name on Birth Cert...Advice Please!

    Hello all,

    I'm dad to a 2 year old but my name has until now been missing from his Indonesian birth certificate because his mother and I were unmarried at the time of birth. We finally married this year, got all the documents in order, including the requested DNA paternity test from a hospital here in Jakarta.
    As mentioned we have collected all documents needed and initially assumed this was a routine request with no lawyer needed. However we are going to court for a judge to decide and I'm starting to wonder whether we should hire a lawyer anyway to navigate any unforeseen circumstance or just to make the process smoother. Or can we do it ourselves?

    Separately, how much do lawyers cost? Two lawyers have quoted me extremely different fees, ranging from 5 jutah to 60 jutah.

    Can anyone share experience and advice?

  • #2
    Originally posted by ajb_indo2020 View Post
    (1) ...I'm starting to wonder whether we should hire a lawyer anyway to navigate any unforeseen circumstance or just to make the process smoother. Or can we do it ourselves?

    (2) Separately, how much do lawyers cost?...

    (1) From the reference below , to me it seems to be a very simple Court's case . I would do it without a lawyer .

    I did my divorce case (here in Indonesia) without a lawyer , and it was also very simple and cheap (Court charged less than Rp400'000) .

    (2) In more than 14 years in this Forum , I don't remember of any case like this , so I have no idea of the average cost charged by lawyers .

    My present wife recently paid Rp2.5 million to a lawyer for her divorce case (in a very small & poor city) but the lawyer is her relative (he said he normally charges Rp5 million) .


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    From https://www.hukumonline.com/klinik/a...t55e08ea842273
    Title : Inclusion of the Father's Name in the Birth Certificate of Out-of-Marriage Child
    By Tri Jata Ayu Pramesti, S.H. , September 2015

    [Question : After the Constitutional Court's decision regarding the review of the Marriage Law Article 43 paragraph 1 of 1974 what about the birth certificate of a child outside a legal marriage? Can he use his father's name? Thank you

    Essence:
    For issuing birth certificate for a child born out of wedlock, it is necessary to have a decision from the court regarding the determination of the origin of the child. The applicant (parents of a child out of wedlock) submits a request for a court order regarding the ratification of the child by bringing evidence such as a statement of child acknowledgment or a DNA test.
    For those who are Muslim, applications are submitted to the Religious Court/Pengadilan Agama , while non-Muslims are submitted to the District Court/Pengadilan Negeri .
    Then a birth certificate is issued in which the father's name can be included. In other words, this court decision is used as the basis for issuing birth certificates.

    Review:
    Thank you for your question.

    The problem of legal relations between children born out of wedlock and their parents is regulated in Article 43 paragraph (1) of Law Number 1 of 1974 concerning Marriage ("Marriage Law").
    However, the Constitutional Court ("MK") through its decision Number 46/PUU-VIII/2010 dated February 17, 2012 decided that Article 43 paragraph (1) of the Marriage Law is contrary to the 1945 Constitution if it is not read:
    "A child born out of wedlock only has a civil relationship with his/her mother and his/her mother's family as well as with a man as his/her father which can be proven based on science and technology and/or other evidence according to law to have blood relations, including civil relations with his/her father's family."

    So, if you want the child to have a civil relationship with his/her father as well, it can be proven legally, namely through a court order. For the purpose of issuing a birth certificate, a court order is required for the legal protection of the child himself/herself .

    The Indonesian state based on Pancasila and the 1945 Constitution ("UUD 1945") is essentially obliged to provide protection and recognition to the determination of personal status and legal status for every population event and important events experienced by the Indonesian population. One of the recognitions of legal status in important events here is the issuance of birth certificates.[1]
    Then, regarding the court that has the authority to issue stipulations regarding the legalization of children out of wedlock, for those who are Muslim, the application for a court order is submitted to the religious court. The Religious Courts have the duty and authority to examine, decide, and settle cases at the first level between people who are Muslim in the field of marriage.[2] As for cases in the field of marriage, one of which is the determination of the origin of a child and the determination of adoption based on Islamic law.[3]
    Meanwhile, for non-Muslims, the application for a court order regarding the ratification of children out of wedlock is submitted to the district court.[4]

    Sample case :
    As an example of an application for a court order for non-Muslims to the District Court, we can see in the Decision of the Cilacap District Court Number: 29/PDT.P/2011/PN.CLP. In the determination, it is known that the applicants were married on July 25, 2010 at the Kawunganten Church. Prior to marriage, the applicants had a son who was born on March 28, 2006. Lacking the knowledge of the applicants at the time of the marriage, the applicants did not directly certify their illegitimate child as legal child of the applicants and needed to be recorded and registered regarding the acknowledgment and ratification of illegitimate child in the birth certificate register. For this reason, the petitioners asked for a decision from the court. Finally, the Cilacap District Court stated that the applicants recognized and legalized the illegitimate child as the legal child of the applicant and ordered the clerk to send a legal copy of the determination to the Cilacap Regency's Population and Civil Registration Office/Kantor Pendaftaran Penduduk dan Catatan Sipil for the purpose of issuing a Birth Certificate. This determination is a form of recognition from his father and mother.

    If it has been ratified by a court ruling stating that the child is the child of the father as proven by science and technology, which is known as the Deoxyribonucleic Acid test (DNA test), then the next step is the issuance of a birth certificate.
    This is in accordance with Article 55 of the Marriage Law:
    (1) The origin of a child can only be proven by an authentic birth certificate, which is issued by an authorized official.
    (2) If the birth certificate referred to in paragraph (1) of this article is not available, the Court may issue a determination regarding the origin of a child after a thorough examination is conducted based on the evidence that meets the requirements.
    (3) On the basis of the provisions of the Court referred to in paragraph (2) of this article, the birth registration agency in the jurisdiction of the Court concerned shall issue a birth certificate for the child concerned.

    In this case, of course, the father's name can be included in the child's birth certificate after a court ruling.]

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    • #3
      Thank you very much Marcus. That is helpful. I didn't know whether having a lawyer was expected in this culture, and that going without one would look a little odd or amateurish, and would skew the way the judge viewed us.

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