📅 24 March 2022

PELAKSANAAN PENGANGKATAN ANAK DI PENGADILAN AGAMA DAN PENGADILAN NEGERI SUKOHARJO

Dinamika Hukum
Universitas Slamet Riyadi

📄 Abstract

The purpose of this study is to examine: (1) the implementation of childadoption in the Religious Courts and District Courts; (2) analyzing the legalconsequences of implementing child adoption after obtaining a legally bindingdetermination; (3) analyze the factors that influence the effectiveness of theadoption of children in the Religious Courts and Sukoharjo District Courts.The adoption of a child can be carried out in the Religious Courts or the DistrictCourts. Adoption of a child based on Islamic law, the jurisdiction is in theReligious Courts and if based on customary law and statutory regulations, thejurisdiction is in the District Court.The type of research used is normative juridical with researchspecifications that are descriptive analytical.The results of the study indicate that adoption is subject to differentlaws, and brings with it different legal consequences which generally arise aftera decision is made by the Religious Court or the District Court where theapplication is filed. At the District Court the adoption of a child is subject to theCivil Code which is regulated separately in Staatsblad 1917 No. 129 which haslegal consequences for severing the civil relationship between the child and hisbiological parents so that the child is positioned as a biological child and in theReligious Courts which are subject to Islamic law, the adoption of the child isonly for the purpose of helping, not severing the kinship relationship betweenthe child and his biological parents. guardianship rights, so that the position ofthe adopted child is not the same as that of the biological child. In the case ofinheritance, the adoption of a child based on the determination of the ReligiousCourt is entitled to inheritance from his adoptive parents based on a mandatorywill. The factors that influence the effectiveness of the adoption of childadoption are legal factors, law enforcement factors, facilities and facilitiesfactors, and community cultural factors. With the adoption of a child from thecourt, it is hoped that it can provide protection for adopted children. Then it issuggested to the government to conduct special socialization regarding theimplementation of adoption through the courts in order to be able to providebroad information to the public in order to ensure legal certainty.Keywords: adoption, legal consequences of child adoption

â„šī¸ Informasi Publikasi

Tanggal Publikasi
24 March 2022
Volume / Nomor / Tahun
Volume 11, Nomor 3, Tahun 2022

📝 HOW TO CITE

MARDAWIAH, "PELAKSANAAN PENGANGKATAN ANAK DI PENGADILAN AGAMA DAN PENGADILAN NEGERI SUKOHARJO," Dinamika Hukum, vol. 11, no. 3, Mar. 2022.

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