scholarly journals ADOPSI (Sebuah Tawaran Hukum Islâm menuju Kebaikan Masa Depan Anak Terlantar)

2013 ◽  
Vol 6 (2) ◽  
pp. 201-216
Author(s):  
Fahruddin Ali Sabri Fahruddin Ali Sabri
Keyword(s):  
Foster Children ◽  
Islamic Law ◽  
Legal Regulations ◽  
Foster Child ◽  
Biological Child ◽  
Biological Parents ◽  
Child Adoption ◽  
The Government

Abstrak: Konsep pengangkatan anak dalam hukum Islâm tidak mengenal pengangkatan anak dalam arti menjadi anak kandung secara mutlak, sedang yang ada hanya diperbolehkan untuk memelihara dengan tujuan memperlakukan anak dalam segi kecintaan pemberian nafkah, pendidikan atau pelayanan dalam segala kebutuhan yang bukan memperlakukan sebagai anak kandung. Dalam konsep Islâm, pengangkatan seorang anak tidak boleh memutus nasab antara si anak dengan orang tua kandungnya. Pengangkatan anak berdasarkan hukum Islâm adalah pengangkatan anak yang bersumber pada al-Qur’ân dan sunnah serta hasil ijtihâd. Memelihara anak terlantar merupakan salah satu dari kewajiban Negara, pemerintah hendaknya menyarankan kepada warga yang mampu untuk mengadopsi anak terlantar, hal ini dilakukan untuk melindungi dan mengangkat harkat dan martabat anak terlantar.   Abstract : This article higlights the concept of child adoption from the perspective of Islâmic law. It finds that claiming foster child as biological child is forbidden in Islamic law, it only allows the adopters to treat them in terms of expressing affection, giving basic necessities of life and facilitating the  education. Islamic law also states that child adoption must not delink the lineage between the foster children with their biological parents. Islamic law based adoption  is a child adoption which is based on al-Qur’ân, Sunnah, and Ijtihâd that is applied in Indonesia and they are formulated in any products of Islamic laws. They might be in form fiqh, fatwâ (binding ruling in Islamic matters), decretal, and official legal regulations, including Islamic Laws Compilation. Raising waif is also a country obligation, the government must recommend the wealthy citizens to adopt the waif to protect and to promote their prestige and dignity. Kata-kata Kunci: Adopsi, sadd al-dzarî’ah, dan anak terlantar

scholarly journals Child Adoption Implementation Without Court Judge Ruling Regarding Law Protection on Inheritance Right in Payakumbuh

2019 ◽  
Vol 6 (3) ◽  
pp. 895
Author(s):  
Yurike Prastika Putri ◽  
Ismansyah Ismansyah ◽  
Linda Elmis
Keyword(s):  
Child Protection ◽  
Legal Protection ◽  
Secondary Data ◽  
Adoptive Parents ◽  
Primary Data ◽  
Court Judge ◽  
Biological Parents ◽  
Child Adoption ◽  
Legal Consequence ◽  
The Government

The objectives of the present research are: 1) to know the Provision of Child Adoption according to Positive Law in Indonesia Viewed from the Perspective of Law Number 35 of 2014 regarding Child Protection; 2) to know the Legal Protection on Child Inheritance Right; 3) to know How the Legal Consequence for the parties in the child adoption without court judge ruling. This is a descriptive research in which the problem approach is judicial empirical and it uses two data sources namely primary data and secondary data. In terms of unknown chilld background, then the child’s religion is adjusted to the local community’s religion in majority. This child adoption causes legal consequence both for the biological parents that must be responsible for fulfilling all child’s needs and for the government. With this child adoption, the biological parents that must be responsible for this can move their obligations to the adoptive parents. By this child adoption, all rights and obligations of the biological parents are moved to the adoptive parents. Besides, the legal consequence for the adoptive parents in this child adoption is the presence of obligation to fulfill all their adopted child’s needs as what they give to their biological child.

scholarly journals Juridical Study in The Application of the Law About Foster- Child Adoption in Indonesia by Foreign Nationals

2021 ◽  
Vol 20 (1) ◽  
pp. 51
Author(s):  
Bernadeta Resti Nurhayati ◽  
Ignatius Hartyo Purwanto
Keyword(s):  
Human Trafficking ◽  
Foster Children ◽  
Foster Parents ◽  
Foster Child ◽  
Foreign Nationals ◽  
Legal Guardians ◽  
Special Cases ◽  
Child Adoption ◽  
The Law ◽  
Family Based

The adoption or adopting transfer of rights to child from authority of parents, legal guardians, or other people who responsible for nurturing, educating, and raise the child to his foster parents family based on law or sentence. Adoption might be conducted to Indonesian children by parents of Indonesian or even in some special cases, adoption can be conducted by foreign nationals. The adoption of Indonesian children by foreign nationals is restricted. This is due to the protection of foster-children who adopted by foreign nationals, so that they do not experience unwanted things considering that the child will be taken abroad by the foster parents. Incidents such as children who, after being taken by their foster parents, experience violence or become victims of human trafficking are things that must be considered before deciding to allow the adoption of Indonesian children by foreign nationals.

scholarly journals ADOPSI DALAM PERSPEKTIF PEKERJAAN SOSIAL

2019 ◽  
Vol 1 (3) ◽  
pp. 202
Author(s):  
Yolanda Triana Siregar ◽  
Meilanny Budiarti Santoso
Keyword(s):  
Social Institutions ◽  
Married Couples ◽  
Adoptive Parents ◽  
Literature Study ◽  
Government Regulations ◽  
Biological Parents ◽  
Valid Data ◽  
Child Adoption ◽  
The Government ◽  
Keywords Child

ABSTRAK Adopsi merupakan salah satu upaya yang dilakukan pasangan suami istri untuk dapat memiliki kehadiran sosok anak di keluarga mereka. Di Indonesia, proses pengajuan dan prosedur adopsi telah jelas diatur dalam beberapa undang-undang dan ketetapan pemerintah yang berlaku. Namun dalam pelaksanaannya, masih ada berbagai permasalahan adopsi yang terjadi di Indonesia, antara lain kurangnya pemahaman dan pengetahuan masyarakat akan adanya prosedur pelaksanaan adopsi yang sah secara hukum, tidak adanya data valid mengenai jumlah adopsi di Indonesia, dan masih terjadinya sengketa antara orang tua angkat dan orang tua kandung akibat prosedur adopsi yang dilakukan secara private adoption. Metode yang digunakan dalam penulisan artikel ini adalah dengan menggunakan metode studi literatur. Hasil dari kajian yang dilakukan adalah diperlukannya upaya peningkatan informasi mengenai adopsi kepada masyarakat melalui kemudahan aksesibilitas layanan adopsi di tiap otoritas lokal. Hal ini dapat dicapai melalui integrasi yang baik antara pemerintah, lembaga sosial anak, pengadilan, dan pekerja sosial. Selain itu, pelayanan adopsi yang diberikan harus dipastikan sampai pada tahap pengawasan, pendampingan, dan penguatan terhadap pengasuhan calon orang tua angkat untuk menjamin terpenuhinya kebutuhan dan kesejahteraan anak di masa mendatang. Kata Kunci: adopsi anak, pekerjaan sosial  ABSTRACT Adoption is one of the efforts made by married couples to be able to have the presence of a child in their family. In Indonesia, the adoption procedures are clearly regulated in several laws and government regulations. But in its implementation, there are still various problems of adoption that occur, including a lack of knowledge in community regarding the legal adoption procedures, the absence of valid data of number adoptions in Indonesia, and the ongoing dispute between foster parents and biological parents due to adoption procedures carried out in private adoption. The method used in writing this article is a literature study method. The results of the study are the need for efforts to increase information on adoption to the community through the ease of accessibility of adoption services in each local authority. This can be achieved through good integration between the government, children's social institutions, courts, and social workers. In addition, the adoption services provided must be ensured to reach the stage of supervision, assistance, and strengthening of the care of prospective adoptive parents to ensure the fulfillment of the needs and welfare of children in the future. Keywords: child adoption, social work

scholarly journals PERLINDUNGAN HUKUM TERHADAP ANAK ANGKAT DALAM MEMPEROLEH KEJELASAN STATUS HUKUM MELALUI PENCATATAN PENGANGKATAN ANAK (SUATU TINJAUAN DARI PERSPEKTIF HAK ASASI MANUSIA)

SASI ◽  
2011 ◽  
Vol 17 (3) ◽  
pp. 70
Author(s):  
Jenny K Matuankotta
Keyword(s):  
Child Protection ◽  
Foster Children ◽  
Government Regulation ◽  
Legal Status ◽  
Adopted Children ◽  
Foster Child ◽  
Indonesian Government ◽  
Good Future ◽  
The Government ◽  
State Registration

adoptions done by a number of reasons, among others, to continue the descent, to inherit property, and to provide security of life and good future for these children. In the protection of the rights of children, especially for adopted children, then the government out of Act No. 23 of 2002 on Child Protection, Law No. 23 year 2006 about Population Administration and through the implementation of the provisions of the Indonesian Government Regulation No. 54 of 2007 on the Implementation of Child Appointment . Also make policy through a strategic plan in which the programs include Children's Recording of Appointment. Government's commitment to provide clarity to the legal status of foster children through adoption records have been be realized in the issuance of state registration of adoption deed quoted as proof of legality for a foster child

scholarly journals Dualisme Kompetensi Permohonan Pengangkatan Anak Bagi yang Beragama Islam

2019 ◽  
Vol 4 (2) ◽  
pp. 59
Author(s):  
Antonius Sidik Maryono
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
The State ◽  
Court Decision ◽  
State Court ◽  
Adopted Children ◽  
Legal Consideration ◽  
Child Adoption ◽  
The Government

The child adoption application for Moslem applicants and Moslem adopted children prospective are authorized by the State Court and the Religion Court in practice, thus this matter causes the competency dualism in accepting, examining, and assigning that child adoption application. In the Mojokerto State Court Decision No.04/Pdt P/2012//PN Mkt, the Purwokerto Religion Court Decision No.130/Pdt P/2014/PA Pwt, the Purwokerto State Court Decision No./Pdt P/2015/PN Pwt. And the Wantanpone Religion Court Decision No.0078/Pdt P/2011/PA Wtp., those fourth courts state that they are authorized to accept, examine and assign the adoption of children. According to the research, by yuridis normative approach result of the child adoption application proposed by Moslem applicants, both in the Religion Court and through the State Court has the authority to accept, examine, grant, and assign the child adoption application, yet with different legal consideration. In the State Court Decision, the judicial legal consideration refers to the common legislation law such as the Child Protection Laws, the Population Administrations Law, the Government Ordinance, and the Supreme Court Circular, however, the Religious Court is based on the Islamic Law compilation. The legal consequences caused by child adoption decision carried out in the state Court, the adopted children have inheritance rights from the adoptive parents, while in the Religious Courts, the adored children do not server ties with the biological parents. Therefore the adopted children do not inherit property from the adoptive parents.

scholarly journals Dualisme Kompetensi Peradilan Permohonan Pengangkatan Anak Bagi Pemohon Yang Beragama Islam

2021 ◽  
Vol 3 (2) ◽  
pp. 237-257
Author(s):  
Nugroho Noto Diharjo
Keyword(s):  
Islamic Law ◽  
The State ◽  
State Court ◽  
Adopted Children ◽  
Adoption Decision ◽  
Legal Consideration ◽  
Biological Parents ◽  
The Supreme Court ◽  
Child Adoption ◽  
Religious Courts

Abstract: The Child adoption application for Moslem applicants and Moslem adopted children potential are legal by the State court and the religion court in pratice, for this reason this matter causes the competency dualism in accepting, examining, and assigning that child adoption application. in the Mojokerto state court Decicion No.04/Pdt P/2012//PN Mkt, the Purwokerto faith courtroom Desicion No.a hundred thirty/Pdt P/2014/PA Pwt. the ones fourt courtsstate that they are legal to accept, examine and assign the adoption of children. according to the research, by way of yuridis normative approch sesult of the child adoption application proposed by means of Moslem applicants, both in the religion court and trough the state court have the authority to just accept, have a look at, grant, and assign the child adoption application, but with different legal consideration. inside the state court decision, the judicial legal consideration refers back to the common legislation law such as the child Protrction laws, the population Administrations law, the Goverment Ordinance, and the supreme court circular, however, the religious court in based on the Islamic law compilation. The legal consequences caused by child adoption decision carried out inside the state court, the adopted kids have inheritance rights from the adoptive mother and father, at the same time as in the religious Courts, the adoyed children do not server ties with the biological parents. consequently the adopted children do not inherit property from the adoptive mother and father.

Hukum Denda dalam Keuangan Publik Islam di Indonesia

2018 ◽  
Vol 12 (2) ◽  
pp. 313-328
Author(s):  
Fathul Aminudin Aziz
Keyword(s):  
Islamic Law ◽  
The State ◽  
Mutual Benefit ◽  
State Budget ◽  
The People ◽  
The Status ◽  
The Government

Fines are sanctions or punishments that are applied in the form of the obligation to pay a sum of money imposed on the denial of a number of agreements previously agreed upon. There is debate over the status of fines in Islamic law. Some argue that fines may not be used, and some argue that they may be used. In the context of fines for delays in payment of taxes, in fiqh law it can be analogous to ta'zir bi al-tamlīk (punishment for ownership). This can be justified if the tax obligations have met the requirements. Whereas according to Islamic teachings, fines can be categorized as acts in order to obey government orders as taught in the hadith, and in order to contribute to the realization of mutual benefit in the life of the state. As for the amount of the fine, the government cannot arbitrarily determine fines that are too large to burden the people. Penalties are applied as a message of reprimand and as a means to cover the lack of the state budget.

Pelaksanaan Peraturan Pemerintah No. 9 Tahun 1975 dalam Perspektif Sosiologi dan Antropologi Hukum Islam

2018 ◽  
Vol 1 (2) ◽  
Author(s):  
Muchimah MH
Keyword(s):  
Social Environment ◽  
Government Regulation ◽  
Islamic Law ◽  
Marriage Law ◽  
Anthropological Perspective ◽  
Government Regulations ◽  
The Social ◽  
The Government

Government Regulation No. 9 of 1975 related to the implementation of marriage was made to support and maximize the implementation of Law No. 1 of 1974 which had not yet proceeded properly. This paper examines Government Regulations related to the implementation of marriage from the perspective of sociology and anthropology of Islamic law. Although the rules already exist, some people still carry out marriages without being registered. This is anthropologically the same as releasing the protection provided by the government to its people for the sake of a rule. In the sociology of Islamic law, protection is a benchmark for the assessment of society in the social environment. Therefore the purpose of this paper is to find out how the implementation of marriage according to PP. No. 9 of 1975 concerning the Marriage Law in the socio-anthropological perspective of Islamic Law.

The Distribution Mechanism of Subsidized Liquid Petroleum Gas in Sajad District West Kalimantan: An Investigation Based on Islamic Law

2021 ◽  
Vol 15 (1) ◽  
pp. 1-18
Author(s):  
Zarul Arifin
Keyword(s):  
Islamic Law ◽  
Small Business Owners ◽  
Government Regulations ◽  
West Kalimantan ◽  
Official Price ◽  
The Poor ◽  
Rich People ◽  
The Rich ◽  
The Government ◽  
Initial Survey

This research is based on an initial survey of the distribution of subsidized 3-kg LPG which I think is not right on target because it is full of fraudulent practices. In distributing LPG, it was found that many rich people still buy subsidized 3-kg LPG. In fact, according to government regulations, 3-kg LPG is intended for the poor economic community or small business owners. The problem that is the focus of this research is how the mechanism for distributing 3-kg LPG is in Sajad Regency, and how is the law on selling 3-kg LPG for the rich when viewed according to Islamic law. To answer these questions, data collection techniques were carried out through observation and interviews. The results of this study are 1) the distribution of 3-kg LPG is not in accordance with government regulations, namely the distribution of LPG prioritizes people who can afford it above the official price, while the poor can only get a small part of the official government price/national subsidy price, so there are more stock for sale at more expensive than the official price. 2) If viewed from Islamic law, the distribution of 3-kg LPG is not in accordance with the sharia business method because it is carried out by ignoring government regulations, namely traders are considered to have broken an agreement with the government regarding price determination. In addition, this buying and selling practice also lacks supervision, no sanctions and no law enforcement to maintain subsidy prices so that many sellers dare to violate contracts with the government and violate government regulations.

The Ruling on Aborting the Fetus and Its Effect on Inheritance: A Comparative Study between the Four Sunni Schools, Indonesian Law and Malaysian Law

2021 ◽  
Vol 4 (4) ◽  
pp. 60-93
Author(s):  
Andri Nirwana ◽  
Faisal Husen Ismail ◽  
Dhia’ul Khaq ◽  
Yeti Dahliana ◽  
Alfiyatul Aziza ◽  
...  
Keyword(s):  
Comparative Study ◽  
Research Method ◽  
Islamic Law ◽  
Legal Regulations ◽  
Muslim Countries ◽  
Sharia Law ◽  
Depth Study ◽  
Qualitative Descriptive ◽  
Similarities And Differences

Abortion is an act of killing to life which is forbidden in Islam. Abortion gives rise to differences of view among past and contemporary scholars on its enabling and prohibition. So, this study is to examine the views of scholars and laws in Indonesia and Malaysia related to abortion and its impact on inheritance ownership. This situation affects the inheritance of property to the mother from the aborted baby. The method of this study is qualitative descriptive. The approach of this research method is descriptive of content through literature. Books, journals, newspaper clippings, and legal regulations are the premier references to this study. This study finds that there are similarities and differences between sharia law and the rules applied in Indonesia and Malaysia. In terms of similarities, Islamic law and the laws in Indonesia and Malaysia provide for the prohibition of abortion. But, in certain circumstances, the fetus can be aborted for certain reasons, such as harming the mother or for medical reasons. In addition, this study found differences in punishment for women who had an abortion for no valid reason. Therefore, this study reveals the harmonization of Islamic law with the laws conducted in Indonesia and Malaysia. So, this study recommends forming a better in-depth study of efforts to harmonize the larger Islamic law to the rules regulated in Muslim countries.

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