Lindawati, Desy (2023) Analisis Yuridis Proses Pembuatan Paspor Bagi Anak di bawah Umur Dengan Status Orang Tua Bercerai Berdasarkan Peraturan Menteri Hukum dan Hak Asasi Manusia RI Nomor 18 Tahun 2022. Masters thesis, Universitas Islam Riau.

Text 211022173.pdf - Submitted Version Restricted to Registered users only Download (3MB) | Request a copy

Abstract

As a major question and issue as stipulated in Article 5 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 18 of 2022 Regarding Ordinary Passports and Passportlike Travel Letters, that the application for Passports for children whose parents are divorced who reside or reside in Indonesia does not contain the conditions of the Certificate of Divorce and a valid affidavit as a form of parentage has been legally divorced and legally recognized in Indonesia. The purpose of this study is so that the process of issuing passports for minors with divorced status can be carried out according to the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 18 of 2022. The method used is a library study/document study. The types of approaches used in this study are the Comparative Approach and the Historical Approach. Research results show that the Minister of Law and Human Rights Regulation No. 18 of 2022 in the management of Passports for children whose parents have divorced after their marriage. According to the author's analysis under the provisions of Article 5 Font (g), explaining the point in making passports must make a waiver signed by the parent of the child custody holder and there must be a determination from the court. That when applying for a child passport from a divorced parent, some potential obstacles may be encountered including Approval from both parents, Proof of Authority, Shrinking of parental relationships, Legal constraints, Differences in Requirements, and a Longer Process: Due to the complexity associated with the situation of divorced parents, The process of applying for a child passport may take longer than the application for a child of a couple who are still together. Thus, the effort can be made by optimizing the supervision of immigration employees who are involved in the management of passport making especially for children whose parents are divorced and adapted to applicable union. The next attempt was to revise the Minister of Law and Human Rights Regulation No. 2022 on Ordinary Passports and Passport-like Travel Letters, particularly concerning the manufacture of passports for children whose parents have divorced by adding the phrase mandatory attachment of divorce certificates determined by the court and a declaration also determined by the court that the child is the biological child of both parents.

Actions (login required)

View Item