adopted child
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2021 ◽  
Vol 5 (3) ◽  
pp. 293-304
Author(s):  
Irfan Abdul Hamid ◽  
M. Adli ◽  
Ilyas Yunus

This research was conducted to observe the Islamic scholars’ perception on last wills and die. Then for the group of Islamic scholars, who disagree giving legacy to adopted children, stated that the last will and testament in Islamic testaments for adopted children by using normative and empirical juridical methods. The results showed that the ‘ulama’ (islamic scholars) who stated the giving mandatory will to the adopted children do not contradict Islamic Law. This is justified in order to save them from unattended lives if the heir or parents jurisprudence is not solely for adopted children. In fact, wills and testament in Islamic Law distribute other than inheritance. The providing legacy to an adopted child is carried out because it relies on the principle of ‘mashlahah mursalah’ (something benefits other) which is to anticipate the ignorance to adopted child after his adoptive parent dies


2021 ◽  
Vol 7 (2) ◽  
pp. 169-188
Author(s):  
Muh Rizki

Abstrak. Di Indonesia pengangkatan anak/adopsi diatur dalam Undang-undang Republik Indonesia Nomor 23 tahun 2020 perihal pengangkatan anak, di dalam pasal 39 poin 1 dijelaskan, dalam hal ini pengangkatan anak hanya dapat dilakukan berdasarkan kepentingan yang terbaik bagi anak dan dapat dilakukan dengan ketentuan adat setempat dan ketentuan peraturan yang berlaku. Hal ini agar pengangkatan anak tidak terjadi kesalah fahaman atau pertikaian di belakang hari, terlebih-lebih apabila orang tua angkatnya meninggal dunia lebih dulu. Sebagaimana dalam putusan hakim Pengadilan Agama Pekanbaru klas 1A Nomor. 181/Pdt.P/2020/PA.Pbr, tentang penetapan ahli warits.  Majelis Hakim Pengadilan Agama Pekanbaru menolak penetapan ahli warits disebabkan adanya anak angkat, meskipun tidak ada bukti yang menunjukkan adanya penetapan pengadilan atau secara adat tentang pengangkatan anak tersebut. Berdasarkan uraian ini, maka penulis merasa perlu menganalisis dari asfek yuridis dan filososfis untuk menemukan jawaban mengapa permohonan penetapan ahli warits ini ditolak, dan apa dasar hukum hakim yang digunakan serta bagaimana putusan ini jika dianalisis dengan konsep maqasid syariah. Jenis penelitian dalam tulisan ini adalah penelitian pustaka (library reseach), yaitu penelitian hukum yang dilakukan dengan cara meneliti bahan pustaka atau data sekunder belaka dengan menggunakan pendekatan hukum normatif dan pilosofis. Adapun kesimpulannya, bahwa anak angkat sangat punya kepentingan terhadap harta tirkah dari alamarhumah, karena para pemohon tidak memasukkan anak angkat sebagai orang yang berhak sebagai pihak dalam perkara aquo, majelis hakim berpendapat permohonan para Pemohon kurang pihak. Maka pertimbangan majelis hakim dengan menggunakan kaedah “Menolak mafsadah didahulukan daripada mengambil kemaslahatan”. Apabila dianalisis perkara ini dengan pisau analisis maqasid syariah  yang sesuai dengan prinsip maqasid syariah dan terhimpun dalam empat kulliyatul khams sekaligus, yakni memelihara agama (hifz ad-din), memelihara jiwa (hifz an-nafs), memelihar akal (hifz al-aql dan memelihara harta (hifz al-mal). Abstract. In Indonesia, adoption/adoption is regulated in the Law of the Republic of Indonesia Number 23 of 2020 regarding child adoption, in article 39 point 1 it is explained, in this case the adoption can only be carried out based on the best interests of the child and can be carried out with local customary provisions and applicable regulations. This is so that the adoption of a child does not cause misunderstandings or disputes later in life, especially if the adoptive parents die first. As in the decision of the Pekanbaru Religious Court class 1A No. 181/Pdt.P/2020/PA.Pbr, regarding the determination of heirs. The Pekanbaru Religious Court Panel of Judges rejected the determination of heirs due to the presence of an adopted child, although there is no evidence to show that there was a court order or custom regarding the adoption of the child. Based on this description, the author feels the need to analyze from the juridical and philosophical aspects to find answers to why the application for the determination of heirs was rejected, and what is the legal basis of the judge used and how this decision is analyzed with the concept of maqasid sharia. The type of research in this paper is library research, namely legal research carried out by examining library materials or secondary data using normative and philosophical legal approaches. As for the conclusion, that the adopted child is very interested in the tirkah property of the alamarhumah, because the petitioners do not include the adopted child as a person who has the right as a party in the aquo case, the panel of judges is of the opinion that the petition of the petitioners is lacking in parties. Then the consideration of the panel of judges using the method "Rejecting mafsadah takes precedence over taking benefit". When analyzed this case with a maqasid sharia analysis knife which is in accordance with the principles of maqasid sharia and is compiled in four kulliyatul khams at once, namely maintaining religion (hifz ad-din), preserving soul (hifz an-nafs), preserving reason (hifz al-aql and maintain property (hifz al-mal).


2021 ◽  
Vol 1 (2) ◽  
pp. 176-183
Author(s):  
Abdullah Sani Kurniadinata ◽  
Muhammad Shaleh ◽  
Riyan Juliantoro

            This thesis aims to find out how the practice of adopting traditional children, and how the position of children adopted by Langkat Pepadun and Saibatin customs, to find out how to adopt Langkat Pepadun and Saibatin traditional children in a positive and Islamic legal perspective. This research uses field research methods, and is a type of qualitative research. This analytic research is a continuation of descriptive research which aims not only to describe certain characteristics, but also to analyze and explain why and how it happened. The approach used in this study uses an empirical normative approach. The data criteria used were interviews, literature studies, and documentation studies. The adoption of traditional children is carried out if there is a marriage of different ethnic groups and is carried out before the wedding and is carried out openly and in cash, namely by way of deliberation and presenting the parties concerned with the help of local traditional leaders. And the position of the adopted child in the customs is equated with the biological child, in the sense that his care and affection is the same as that of the biological child by not breaking the lineage relationship of the adopted child with his biological parents. The adoption of the traditional children of is done only for someone who comes from outside the tribe in order to get recognition from the ethnic group and so that the Langkat tribe itself does not lose its status in adat as indigenous people. Keywords: Adoption of children


Author(s):  
T.M. Balyuk

The scientific article is devoted to the study of the legal nature of separate proceedings in cases of granting the right to marry.It is established that a separate proceeding as a type of non-litigious civil proceedings is characterized by: 1) the absence of a dispute about the right, which, at the same time, does not exclude the existence of a dispute about the fact; 2) a special object of judicial protection – a legally protected (legitimate) interest, which is the needs and aspi-rations to use a specific material and (or) intangible asset, which may or may not be mediated by a certain subjective right. Protection of legally protected (legal) interest is carried out by the court by deciding on the presence or absence of legal facts relevant to the protection of rights, freedoms and interests of a person or creating conditions for the exercise of personal non-property or property rights or confirmation of the presence or absence of undisputed rights.It is determined that a separate proceeding in cases of granting the right to marry is a type of non-litigious civil proceedings for consideration of applications for confirmation of the presence or absence of legal facts that are im-portant for creating conditions for a person’s right to marry. It is substantiated that the legal nature of separate proceedings in cases of granting the right to marry is a set of substantive grounds for granting the right to marry and features of the procedural form of consideration by the court of relevant applications that mediate changes in family law. The court, establishing the presence or absence of legal facts, decides to grant a person the right to marry, thereby expanding the family law capacity of such a person due to the ability to exercise the right to marry before reaching marriageable age or marry between the adopter’s adopted child and the adopted child, as well as between children who have been adopted by an adoptive parent.


2021 ◽  
Vol 21 (1) ◽  
pp. 89-112
Author(s):  
Siti Muniroh ◽  
Khoiruddin Nasution

Islam is a religion that regulates everything in the life of Muslims. No exception in the case of adoption, the jurisdiction of the court up to the adoption of a minor. in the case of child adoption. Today, Islam applies limitations in some matters, such as the prohibition of lineage, the establishment of non-mahram relationships to the issue of inheritance and guardianship. In addition to that field, there is the authority of the judge in the Religious Court to be ijtihad to determine the best decision for the child of the findings as the extent of its authority is based on Law No. 3 of 2006 on Religious Justice. The purpose of this study is to analyze how the legal impact on the adoption status of the findings based on the rationale maqasidus syar'i and its relevance to the development of Islamic law. Research methods use the study of literature through its sources of reference through primary law, both derived from religious sources and from positive legal sources that apply in Indonesia. In addition, the researcher used jurisprudence from the relevant judicial decisions used.The results of this research are (1) through the approach of maqasid al shari'ah doruriyah that children (including children of discovery) must be protected their rights, both their right to life (an nafs) and their intellect (al aql), the right of lineage, religion, as well as paying attention to his rights, including his right to obtain the obligatory will/right of inheritance from the parents who raised him (al maal), (2) The legal impact is, the child is found as a person, he is an orphan so the religious treatment is the same as an orphan. While the adopted child then the legal status can be assessed through recognition by the adoptive parents such as the child of guardianship, then the adopted child has the right to be guarded by his adoptive parents due to the absence of a lineage guardian. (3) While the relevance to the development of Islamic law is that in maintenance (other than the issue of lineage and inheritance), then the child has the same protection and education status of both adoptive parents. There is a need for efforts from various related parties to prioritize the benefits to protect from unwanted things and save the lives of children.


Owner ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 396-406
Author(s):  
Suparna Wijaya ◽  
Annisa Febriana Safira

Adoption have legal consequences for both adopted children, adoptive parents, and biological parents. The legal consequences can be seen in terms of civil law, customary law, islamic law, and also taxes. In civil law, customary law, and also islamic law, the legal consequences of adopting a child are related to the inheritance rights of an adopted child. Meanwhile, in tax the legal consequences of adopting children are related to Non-Taxable Income (PTKP) and the income of adopted children. Provisions related to inheritance rights for adopted children are very clear in the three laws, but the provisions regarding PTKP and the income of adopted children in taxes are not so clear. Based on the results of the study, it was found that there were still differences of opinion regarding PTKP and the income of adopted children. Differences related to PTKP arise when the adopted child has earned income, where the majority of interviewees argue that the adopted child can still be counted as PTKP of his adoptive parents and for the imposition of taxes on the income of the adopted child it is also combined with the adoptive parents. However, there is a opinion that when the adopted child has earned income, it will be counted as PTKP of the biological parents and for the imposition of taxes on the income of the adopted child it will also be combined with his biological parents.


PERSPEKTIF ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 609-615
Author(s):  
Eko Setiawan ◽  
R. Nunung Nurwati ◽  
Nurliana Cipta Apsari

Child welfare is the responsibility of the family because the child is part of the family. However, in reality there are still many who neglect their children so that the children's welfare is threatened. Abandoned children need protection to ensure their survival. One of the efforts made in dealing with the problem of neglected children is through an institution-based child service program through child social service institutions. However, institution-based child services have not been optimal in realizing children's welfare. Thus, children who are in institution-based care need to be transferred to family-based care so that the child's welfare can be better. One of the permanent efforts to care for children is through adoption. The method used in this research is mixed methods research method. The design chosen in this study is Explanatory Sequential Mixed Methods, the researcher will measure the level of children's welfare with quantitative research first followed by qualitative research. The results of quantitative research regarding the welfare of preschool adopted children show that basically the welfare of adopted children is in the good category. The results of the qualitative research found that the background and reasons or motivation of adoptive parents to adopt an effect on the care of the adopted child so that the child's welfare can be better. Most adoptive parents do not yet have biological children, so the presence of adopted children is a complement to their long-awaited family. The opportunity they get for adoption makes them try to care for, nurture, and treat their adopted child very well. They always pay attention to children's physical development, children's psychological development, children's social development and children's cognitive development so that children's welfare can be achieved.


2021 ◽  
Vol 45 (2) ◽  
pp. 228-234
Author(s):  
Randi Sperling ◽  
Danielle Steinberg ◽  
Zachary Belnavis

Children who have been internationally adopted often have complex health issues and unique challenges. 1 The paediatric office provides a medical home by offering continuity of care, links to community support, and appropriate evaluation and treatment. During the pre-adoption evaluation, biographical and medical information provided by the child’s country of origin is reviewed. Additionally, soon after the child’s adoption, a complete medical history and physical examination should be completed. Although laboratory work may have been performed previously, studies should be repeated to ensure reliability. Developmental assessment and review of vaccinations should be completed as well. Anticipatory guidance should be provided regarding medical concerns, effects of institutionalisation and the possibility of attachment issues. Follow-up care ensures optimal medical, developmental and behavioural surveillance in this patient population.


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