ANALISIS YURIDIS TERHADAP MODUS ADOPSI ILEGAL DALAM PRAKTIK PERDAGANGAN BAYI OLEH BIDAN DI YOGYAKARTA

Abstract

This research is motivated by the case of two midwives in Yogyakarta who from 2010 to 2024 were suspected of selling 66 babies under the guise of illegal adoption. This phenomenon raises legal issues regarding the proper procedure for lawful child adoption in Indonesia and how the practices carried out by the perpetrators fulfill the elements of the crime of child trafficking. The purpose of this study is to analyze juridically the legal procedures for child adoption as regulated in Indonesian legislation and to examine the illegal adoption modus operandi in the Yogyakarta midwives case from the perspective of criminal law and child protection law. The research method used is normative juridical with statutory, conceptual, and case approaches. Data were obtained through a literature review of regulations such as Law Number 23 of 2002 on Child Protection as amended by Law Number 35 of 2014, Government Regulation Number 54 of 2007 on the Implementation of Child Adoption, as well as relevant legal literature. The findings show that lawful child adoption procedures must go through a court ruling while considering the best interests of the child, administrative requirements, and supervision by the competent authorities. Meanwhile, the illegal adoption modus carried out by the midwives in this case clearly bypassed legal mechanisms, involved the buying and selling of babies with predetermined prices, and included biological parents who consciously handed over their children to be sold. The conclusion of this study is that the practices carried out by the perpetrators do not constitute adoption as defined in civil law but rather fulfill the elements of child trafficking as stipulated in Article 83 in conjunction with Article 76F of the Child Protection Law, carrying a maximum penalty of 15 years imprisonment.

Keywords: Illegal Adoption; Child Trafficking; Child Protection Law