scholarly journals Urgensi Pengaturan Terhadap Pengangkatan Anak Oleh Orang Tua Tunggal (Single Parent Adoption): Studi Kasus Penetapan NO. 1/PDT.P/2010/PN.KGN Dan Penetapan NO. 180/PDT.P/2012/PN.DPK

2020 ◽  
Vol 6 (1) ◽  
pp. 17
Author(s):  
Dessy Marliani Listianingsih ◽  
Surini Mangundihardjo ◽  
Farida Prihatini
Keyword(s):  
Child Protection ◽  
Single Parents ◽  
Well Being ◽  
Single Parent ◽  
Adoptive Parents ◽  
District Court ◽  
Adopted Children ◽  
District Courts ◽  
The Government ◽  
Legal Consequences

This study aims to find out the basis of the need to regulate Single Parent Adoption in a legal unification in the form of laws that are viewed from the perspective of child welfare and how the legal consequences for adopted children both in terms of family law and the child's relationship with inheritance adoptive parents. This research was carried out in a juridical-normative approach against two determinations of the application for adoption carried out by single parents from two different district courts, the first one is from the Kandangan District Court in South Kalimantan and the other one is from Depok District Court. The regulation regarding Single Parent Adoption is considered as an urgent or urgent need that should be regulated by the government and legislators as law makers in Indonesia. The existing regulations or regulations only accommodate the general adoption events, and so are only stipulated in government regulations and social ministerial regulations. Because of the different socio-legal and psychological aspects between adoption carried out in general and those carried out by single parents, regulations that specifi cally regulate adoption by single parents need to be made so that aspects of child protection and well-being remain well protected in the future.

scholarly journals Pengangkatan Anak oleh Orang Tua yang Berbeda Keyakinan dengan Calon Anak Angkatnya

2020 ◽  
Vol 1 (2) ◽  
pp. 16-20
Author(s):  
Fransiska Maryl Agatha ◽  
I Ketut Widia ◽  
I Ketut Sukadana
Keyword(s):  
Child Protection ◽  
Government Regulation ◽  
Married Couples ◽  
Adoptive Parents ◽  
Adoptive Parent ◽  
Adopted Children ◽  
Biological Parents ◽  
Form Of Government ◽  
Education And Care ◽  
Legal Consequences

Adoption is a legal action to transfer custody of a child from a parent, legal guardian, or another person responsible for the care, education, and care of the child to the care of the adoptive parent. The adoption of children is generally carried out by married couples who cannot have children. Apart from a reproduction factor, there are a lot of other things encouraging adopting a child, one of them is compassion. This study aimed to examine the requirements for adoption based on PP. 54 of 2007 and the legal consequences of adopting children by adoptive parents of different beliefs from the prospective adopted children. This research is a normative legal research. Based on the results and discussion of this study, it was found that requirements for adoption based on PP. 54 of 2007 has been clearly regulated, and the detailed procedures and requirements for adoption have been regulated in Law No. 35 of 2014 concerning Child Protection with implementing regulations in the form of Government Regulation No. 54 of 2007 concerning the Implementation of Adoption and clear details in the Minister of Social Affairs Regulation No. 110 of 2009 concerning Requirements for Adoption of Children. In addition, adoption by prospective parents with different beliefs can be carried out by having a statement letter from the biological parents of the prospective adopted child stating that the child follows the beliefs of the adoptive parents. Whereas for homeless children a statement letter from the biological parents is made by the foundation or institution that accommodates the 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 Pelaksanaan Penerbitan Catatan Pinggir Pada Akta Kelahiran Sebagai Akibat Pengangkatan Anak dan Akibat Hukumnya

2014 ◽  
Vol 9 (2) ◽  
pp. 243
Author(s):  
Prabowo Setyo Aji
Keyword(s):  
Birth Certificate ◽  
Adoptive Parents ◽  
District Court ◽  
Adopted Children ◽  
Adopted Child ◽  
Civil Registration ◽  
Child Adoption ◽  
The Right ◽  
Legal Consequences

<p>Seiring dengan perkembangan zaman, pengangkatan anak menjadi suatu kebutuhan dalam masyarakat. Khususnya bagi pasangan suami istri yang belum dikaruniai anak. Selain itu faktor ekonomi dan faktor kepercayaan lainnya juga menjadi penyebab dilakukannya pengangkatan anak. Penelitian ini bertujuan untuk menganalisis faktor-faktor apa saja yang mempengaruhi seseorang atau keluarga dalam melakukan pengangkatan anak di Kabupaten Pemalang yang terjadi selama tahun 2012, bagaimana prosedur serta pelaksanaan penerbitan catatan pinggir pada akta kelahiran terhadap pengangkatan anak dan apa akibat hukum yang ditimbulkan bagi orang tua maupun anak angkat pasca penerbitan catatan pinggir pada akta kelahiran terhadap pengangkatan anak. Jenis penelitian yang di gunakan adalah yuridis sosiologis. Hasil penelitian ini menunjukkan bahwa faktor pendorong yang sering melatarbelakangi masyarakat dalam melakukan pengangkatan anak adalah untuk meneruskan keturunan. Pelaksanaan pengangkatan anak di Kabupaten Pemalang berdasarkan perundang-undangan dimulai dari Dinas Sosial setempat, kemudian tahap selanjutnya yaitu mengajukan permohonan penetapan pengangkatan anak kepada Pengadilan Negeri maupun Pengadilan Agama. Setelah penetapan pengangkatan anak dikabulkan kemudian pemohon segera melaporkan kepada Dinas Kependudukan dan Pencatatan Sipil untuk dibuat catatan pinggir pada akta kelahiran anak yang diangkat sebagai wujud pencatatan peristiwa penting pada administrasi kependudukan. Akibat hukum yang timbul dari peristiwa pengangkatan anak yakni beralihnya hak dan kewajiban orang tua kandung kepada orang tua angkat terhadap anak yang diangkat. Jika penetapan pengangkatan anak dikabulkan oleh Pengadilan Negeri, maka anak angkat tersebut mendapatkan hak sebagaimana ia anak kandung, namun jika penetapan pengangkatan anak dikabulkan oleh Pengadilan Agama, maka anak angkat tersebut hanya memiliki hak berupa wasiat wajibah.</p><p><br /><em>Along with the times, adoption becomes a necessity in society, especially for couples who have not been blessed with children. In addition to economic factors and other trust factors also cause does adoption. This study aimed to analyze the factors that influence a person or family in doing adoptions in Pemalang, Central Java that occurred during the year 2012, what is the procedure and implementation of the issuance of the marginal note on the birth certificate of the child adoption and what legal consequences arising for parents and adopted children after publishing a sidenote on the birth certificate of the child adoption. This type of research that is in use is the socio-juridical . The results of this study indicate that the drivers are often behind the adoption community in doing is to continue the descent. Implementation of adoption in Pemalang based legislation starts from the local Social Service. The next step is to apply for the determination of adoption to the District Court and Religious Court. After determination of adoption is granted then the applicant immediately report to the Department of Population and Civil Registration to be made marginal notes on the adopted child’s birth certificate as a form of recording important events in the population administration. Legal consequences arising from the transfer of the events of adoption rights and obligations of the biological parents to the adoptive parents of the adopted child. If the determination of adoption is granted by the District Court, the adopted child is getting the right as he is the biological child, but if the determination of adoption is granted by the Religious Courts, the adopted child only has the right form was borrowed.</em></p>

scholarly journals Perlindungan Hukum Terhadap Anak Sebagai Perantara Narkotika (Study Putusan No.14/Pid.Sus Anak.2015/PN.Dps)

2021 ◽  
Vol 2 (1) ◽  
pp. 195-199
Author(s):  
Rezky Ayu Saraswati ◽  
I Nyoman Sujana ◽  
Diah Gayatri Sudibya
Keyword(s):  
Law Enforcement ◽  
Child Protection ◽  
Justice System ◽  
Juvenile Justice System ◽  
Legal Protection ◽  
Best Interests ◽  
District Court ◽  
Criminal Sanctions ◽  
The Government ◽  
The Moment

The rise of drug trafficking involving children as narcotics couriers is a problem that needs serious attention from both the government, law enforcement and the community. Children who commit crimes must continue to obtain legal protection in the best interests of the child. Child protection is contained in Law number 11 of 2012 concerning the juvenile justice system, where at the moment children can become narcotics abuse even as narcotics brokers with the rampant abuse of narcotics for all circles both in Indonesia and in the international world. The formulation of the problem raised is how is the basis for judges' consideration in imposing criminal sanctions on children as intermediaries for narcotics? And what is the legal protection of children as an intermediary for narcotics? The problems to be discussed will be examined based on normative perspectives and the legislative approach to the decisions of the Denpasar District Court No. 14 / Pid.Sus Anak / 2015 / PN. Dps, that the judge considers that the accused child has committed narcotics crimes by being charged Law number 35 of 2009 concerning narcotics, which can be sentenced to a minimum of 5 years and a maximum of 20 years and can be subject to fines. Legal protection for children is carried out by judges by imposing criminal training on employment in a generation of Indonesian foundations, solely so that children can carry out their activities as usual when they return to the community and do not disturb their psychic rights and can increase their skills in children. The child does not return to committing a crime.

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

scholarly journals DUALISME PENERAPAN HUKUM BAGI PELAKU KEKERASAN SEKSUAL TERHADAP ANAK

LITIGASI ◽  
2020 ◽  
pp. 267-290
Author(s):  
AMRINA HABIBI ACHMAD
Keyword(s):  
Sexual Violence ◽  
Child Protection ◽  
Juvenile Court ◽  
The Other ◽  
District Court ◽  
District Courts ◽  
Sexual Crimes ◽  
Violence Against Children ◽  
Local Law ◽  
The Right

National law regulating child protection stipulates that every child has the right to secure protection, one of which is from sexual crimes, and gives the authority to adjudicate the case to the juvenile court under the district court. But on the other hand, the local law in force in Aceh stipulates that the authority is to adjudicate cases of sexual violence against children to the Sharia Court. Both of these regulations give rise to legal dualism that governs the same case in the Aceh jurisdiction, so that it can cause problems in its enforcement. This article intends to question the implementation of the absolute authority of the judiciary in theresolution of cases of sexual violence against children in Aceh, and explains the application of sanctions for perpetrators of sexual violence against children. This article is the result of a research that uses the juridical empiric method. Implementation of absolute authority in judicial institutions related to the settlement of cases of sexual violence against children in the jurisdiction of Aceh, district courts whose authority is given by national law are more competent than the Sharia Court whose authority is given by local law. One of the reasons among many is because district court judges generally have special certificates for adjudicating cases involving children, while the judge of the Sharia Court did not.

scholarly journals Konsep Waris Anak Angkat dalam Wasiat Wajibah Perspektif KHI dan Prof. Wahbah Zuhaili

2021 ◽  
Vol 1 (3) ◽  
pp. 232-239
Author(s):  
Nur Farikha ◽  
M. Ali Syaifudin Zuhri
Keyword(s):  
Research Method ◽  
Analytical Approach ◽  
Islamic Law ◽  
Positive Impact ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
The Public ◽  
The Will ◽  
Legal Consequences

When a human couple performs a marriage, then both are not blessed with a child. One way for the couple is to adopt a child, the law is fine as long as it fulfills the conditions prescribed by religion. This was done by the Prophet Muhammad. Adoption of children must meet state requirements, namely through court channels. Because something related to the rules certainly has a positive impact on the public, namely maslahah ummah. There are several legal consequences when someone is adopted as a child, one of which is if one of the adoptive parents or the adopted child has died there is an appreciation given by one of them. The author conducted this research to describe the concept of wills for adopted children in the distribution of inheritance according to KHI and Prof. Wahbah Zuhaili. The author in this study uses the analytical approach research method, namely an approach that is carried out by analyzing the thoughts of a character in this case Prof. Zuhaili, and its comparison with KHI. The conclusion found in this study is the wills of the compulsory will be something very new in Islam, especially when it comes to adopted children. Therefore, the concept of inheritance for adopted children is in the form of a mandatory will, which has been stipulated in the Islamic Law Compilation that a will when it is not disclosed by the adoptive parents, the adopted child will still receive a will, at most a third of the assets of the adoptive parents. Meanwhile, Prof. Wahbah Zuhaili stated that the will is obligatory for relatives and parents (people who are related by blood) because they are prevented from inheriting.

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.

PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Yanuar Dwiyan Putra ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
Inheritance Law ◽  
Basic Law ◽  
The Will ◽  
Notary Public ◽  
Legal Consequences ◽  
Mandatory Provision

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public

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