Perlindungan Hukum terhadap Hak Identitas Anak Angkat Sebagai Upaya Pencegahan Dampak Psikologis

Abstract

Problems with identity disclosure remain a problem in the field of child adoption, especially because of the ambiguity of the norm in Article 40 of Law Number 35 of 2014 on Child Protection, which uses the phrase "paying attention to the child's readiness" without specifying precise and detailed parameters. This study seeks to determine the character of legal protection for adopted children's identity rights and assess the expected legal framework to reduce any psychological damage to these children. Based on the research approach used is normative legal research using legislative, conceptual, and comparative techniques. Qualitative analysis of the main and secondary legal resources is conducted as part of the legal sources review. The results show that the legal protection for the identity rights from adopted children consists of preventative protection, provided by the existence of clear norms and regulations, and repressive protection, which is provided by remedial action in the case of rights violations. But the uncertainty of the rule, particularly the phrase "child readiness," for which there are no objective criteria, reduces the effectiveness of this defense in practice. Therefore, the required legal framework has to be established by means of measurable indicators of child readiness, participation of psychological specialists, and employment of a progressive and continuous process to child identity discovery. emotional turmoil, and restricted psychosocial development. Thus, it is imperative to conduct this study to define and enhance the legal norms surrounding the disclosure of adopted children's identities, particularly in relation to the criteria of child readiness still subject to multiple meanings.