A Guardian Affidavit is a crucial legal instrument in Indonesian family law that formally establishes a guardian's authority and responsibilities over a minor child. This document becomes necessary when biological parents are deceased, incapacitated, or unable to care for their child, and someone else needs legal authority to make decisions on the child's behalf. The affidavit must be executed in accordance with Indonesian Civil Code requirements and may need to incorporate relevant Islamic Law provisions, particularly in cases involving Muslim families. A properly executed Guardian Affidavit enables the guardian to make important decisions regarding the child's education, healthcare, and general welfare, while also establishing their accountability under law. The document requires proper notarization and registration with local civil authorities to be legally binding.
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1. Opening Declaration: Formal opening stating this is an affidavit, including date and location of execution
2. Affiant Information: Detailed information about the person making the affidavit, including full legal name, ID number (NIK), address, and occupation
3. Child Information: Complete details about the child including full name, place and date of birth, current address, and birth certificate details
4. Relationship Statement: Declaration of the relationship between the affiant and the child, and explanation of why guardianship is necessary
5. Parental Status: Information about the child's biological parents and their current status (deceased, incapacitated, etc.)
6. Guardian Qualifications: Statement of the affiant's qualifications to serve as guardian, including moral character and financial capability
7. Scope of Guardianship: Detailed description of guardianship responsibilities and powers being sought
8. Duration of Guardianship: Specified period or conditions of the guardianship arrangement
9. Declaration of Truth: Formal statement affirming all information provided is true and accurate
10. Signature Block: Space for affiant's signature, date, and notary authentication
1. Consent of Biological Parents: Required when parents are alive and capable of giving consent
2. Additional Guardian Information: Required when there are co-guardians or alternate guardians to be named
3. Property Management: Required when the guardian will be responsible for managing the child's property or inheritance
4. Medical Authorization: Required when specific medical decision-making powers are needed
5. Educational Authority: Required when specific educational decision-making powers are needed
6. Religious Upbringing: Required when specific religious or cultural considerations need to be documented
7. Travel Authorization: Required when guardian needs authority for international travel with the child
1. Identity Documents: Copies of ID cards, birth certificates, and other relevant identification documents
2. Death Certificates: If applicable, death certificates of biological parents
3. Medical Records: If applicable, medical records supporting the need for guardianship
4. Financial Statement: Statement of guardian's financial capacity to care for the child
5. Character References: Letters from community leaders or respected individuals attesting to guardian's character
6. Consent Documents: Written consent from relevant parties (if applicable)
7. Previous Court Orders: Any existing court orders or legal documents relevant to the child's custody
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