Sunday, October 22, 2006

// Polka. Dot. Commm...






Celine: I'd like to make a withdrawal.
Robert: I thought we agreed there'd be no cliches.
~ A Life less Ordinary

3 comments:

Emerald. said...

(( Leaving Las Vegas... << >> >>

Emerald. said...

(( CUSTODY DISPUTES: Parental child abduction is not a crime under Indonesian law. Custody disputes are considered civil legal matters that must be resolved between the concerned parties or through the courts in Indonesia. The district/religious courts will hear and process child custody cases only as part of a divorce petition. Family issues and custody disputes are adjudicated based on Indonesian's Civil Code ("Kitab Undang-undang Hukum Perdata") Appendix I Chapter 3 Article 7.

In order to bring a case/petition before the local court, the left-behind parent will require the assistance of an attorney licensed to practice in Indonesia. Ideally, these orders and proceedings ensure due process under the local laws as well as providing protection for the child/ren. The court will also consider a child's relationship with each of the disputing parties and will evaluate each parent's ability to provide education and general living conditions and welfare for the child/ren. Although there is no treaty in force between the United States and Indonesia on enforcement of judgments, the Indonesia courts will also take into consideration child custody decrees issued by foreign courts in deciding disputes regarding children residing in Indonesia. Domestic law does not provide visitation rights to the non-custodian parent unless the parent(s) ask the court to incorporate visitation orders before the final divorce decree is issued.

Indonesian authorities advise the U.S. Embassy in Jakarta that non-compliance or violation of a local court order can result in a prison sentence. It should also be noted that Indonesian police or local law enforcement are reluctant to get involved in custody disputes and could not be counted on to enforce custody decrees issued by the Indonesian courts.

Indonesia is an independent republic based on the 1945 constitution providing for a separation of executive, legislative, and judicial power. While it is the world's third most populous democracy and has the largest Muslim population, it is a secular state. Its Muslim population is by no means a homogeneous community; rather its members range from strict to nominal adherents of Islam. Indonesia also has important Christian, Hindu, Buddhist, and other religious minorities.

Indonesia includes approximately 500 distinct cultural and linguistic groups. Javanese make up the largest segment of Indonesia's population, followed by Sundanese, Madurese, Minangkabau, Buginese, Batak, and Balinese. There are numerous other ethnic groups stretching from Aceh to Papua. The district and religious courts have jurisdiction on civil law cases, including child custody disputes.

Indonesia does not have an official religion. However, the constitution enshrines belief in one God and officially "embraces" five specific religions (Islam, Catholicism, Protestantism, Buddhism, and Hinduism), though other religions are permitted. For Muslims, Islamic (Sharia) law can apply in family and religious matters. Questions on specific Islamic laws as they pertain to custody rights should be addressed to a lawyer licensed to practice in Indonesia. Additional general information on Islamic Family Law is also available on the Internet at http://travel.state.gov/family/family_1732.html.

U.S. consular officers are prohibited by U.S. federal regulations from providing legal advice, from taking custody of a child, from forcing a child to be returned to the United States, from providing assistance or refuge to parents attempting to violate local law, or from initiating or attempting to influence child custody proceedings in foreign courts.

The American Citizen Services division of the Consular Section at the U.S. Embassy can assist in locating children believed to be in Indonesia and in verifying the child's welfare. If a child is in danger or if there is evidence of abuse, consular officers will request assistance from the local authorities in safeguarding the child's welfare. Consular officers maintain lists of attorneys practicing in the particular areas of Indonesia, as well as general information regarding child custody practices.

Emerald. said...

(( Machine-readable passports are standardized world-wide standard by the ICAO [2]. They bear a zone where some of the information otherwise written in textual form is written as strings of alphanumeric characters, printed in a manner suitable for optical character recognition. This enables border controllers and other law enforcement agents to process such passports quickly, without having to input the information manually into a computer.

Biometric passports with RFID chips will carry supplemental information about the bearer, in a digitised form. These passports have already been introduced many years ago in Malaysia and more recently in Australia, New Zealand, Japan, Sweden, United Kingdom, the United States, Germany, the Republic of Ireland and Poland. These new passports were primarily introduced to prevent identity fraud. When technology improves, the embedded chips may also allow rapid clearance through immigration controls with quicker confirmation of identity. Facial Maps are popular for use in Biometric passports as the data (the distances between key facial features) can be gathered from the holder's passport photo without any other information. The irony is that although many countries now have biometric passports very few have introduced the equipment to read them at ports of entry and in the absence of an international standard it is not currently possible for one country to read the biometric information of another one.