Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan
Vol 15, No 1 (2024): JNH VOL 15 NO 1 JUNI 2024

Advocating for a Child-Centric Approach: Indonesian Jurisdiction in Cross-Border Surrogacy

Komalasari, Rita (Unknown)
Mustafa, Cecep (Unknown)



Article Info

Publish Date
14 Aug 2024

Abstract

This article aims to address gaps in national policy by analyzing the complex interactions between international law, Indonesian jurisdiction, and child welfare in cross-border surrogacy arrangements. It advocates for prioritizing the best interests of children and offers practical recommendations for stakeholders involved in cross-border surrogacy. The research examines the principles and framework established by the Hague Conference on Private International Law and their implications within the Indonesian context. It also explores domestic Indonesian law, court decisions, and ethical dilemmas surrounding cross-border surrogacy. This article provides insight and perspective on the ongoing discussion of cross-border surrogacy by filling gaps identified in the literature. The analysis highlights the importance of children’s interests in cross-border surrogacy cases, offers a detailed examination of the role of Indonesian courts, and integrates ethical considerations into the legal framework. The research culminates in practical policy recommendations for policymakers, legal practitioners, and other stakeholders, with the ultimate goal of protecting and enhancing the well-being of children born through these complex arrangements. The findings emphasize the importance of prioritizing children’s well-being, recognizing them not simply as objects but as individuals with inherent rights, identities, and needs that require protection.

Copyrights © 2024






Journal Info

Abbrev

hukum

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Negara Hukum is a journal containing various documents, analyzes, studies, and research reports in the field of law. Jurnal Negara Hukum has been published since 2010 and frequently published twice a ...