CHILD ADOPTION BY UNMARRIED PERSON IN THE INDONESIAN CIVIL LAW SYSTEM

Adoption is carried out by a legally married couple and could also be done by someone who does not want to build a household but still wants to have children as successors and who would take care of them in the future as a single parent. Article 10 paragraph (3) of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009 concerning Child Adoption Requirements states that child adoption through a childcare institution could be carried out firstly by a prospective foster parent. Prospective Foster Parents have been legally married for a minimum of five years, as stated in Article 20 letter e of the Regulation of the Minister of Social Affairs of the Republic of Indonesia Number 110/HUK/2009. In this research journal, we would discuss the issue of Child Adoption by Non-Marriage Person. This study focuses on normative legal research that examines the content of legislation. This legal research was conducted with two approaches consisting of a statutory approach and a conceptual approach. Researchers would find ideas that provide legal understanding, legal concepts, and legal principles. This research concludes that adoption could be carried out by married couples and non-married person/single parent. It is referred to Government Regulation Number 54 of 2007 concerning Adoption of Children. This regulation is reinforced by the issuance of Circular Letter of the Supreme Court (SEMA) Number 6 of 1983 explaining that it is possible for Indonesian citizens who are unmarried, have been married, or a single parent, to adopt a child.

“Person” in the Polish Family and Guardianship Code

The article presents the issues related to the understanding of the person in the Polish Family and Guardianship Code. It shows the complex issue of acquiring legal capacity, including the legal capacity of the conceived child, the relation between parental authority and the child, adoption of the child, the acquisition and scope of capacity for legal acts, as well as some limitations resulting from incapacitation were showed.

Essence and social significance of the institute for adoption of a child in the Republic of Uzbekistan

According to the Civil Procedure Code of the Republic of Uzbekistan, the adoption of minor children is carried out only by a judicial body that meets the norms of the Constitution of the Republic of Uzbekistan, international law, as well as international agreements of the Republic of Uzbekistan and world practice of adopting children, which is in the best interests of the child. At the same time, there is a growing need for a radical improvement of the institutional and legal framework that guarantees the protection of the legal and legitimate interests of children and the protection of their rights. The purpose of the article is to analyze the legal norms of issues on the adoption of children. Scientific research is based on a set of such private methods as formal-logical, system-structural, comparative-legal, historical, etc., which made it possible to identify and substantiate the concept, essence and social significance of the institution of child adoption in the Republic of Uzbekistan. As a result of the research, it was established that in the science of family law adoption is defined in the following forms: as a legal act; as the upbringing of children in an adoptive family, providing living conditions equivalent to the living conditions of biological children; as a device for minors left without parental care. The article discusses the concepts, essence and social significance of adoption, personal and property rights of adopted children, interests of the child in implementation, procedural issues of adoption

Anak Angkat Sebagai Penghalang Penetapan Ahli Warits Perspektif Maqasid Syariah ( Analisis Terhadap Putusan Hakim Pengadilan Agama Pekanbaru Klas 1 No. 181/Pdt.P/2020/PA.Pbr )

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).

Dualisme Kompetensi Peradilan Permohonan Pengangkatan Anak Bagi Pemohon Yang Beragama Islam

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.

HARMONISASI HUKUM PENGANGKATAN ANAK DALAM DESA ADAT DI BALI (SUATU KAJIAN PLURALISME HUKUM)

<p><em>Offspring is expected in marriage, in Hinduism the purpose of marriage, namely in the book of Manawa Dharmasastra, mentioned that praja (giving birth to offspring). But in reality in marriage not all the wishes that are expected will be achieved. In Bali marriages that do not have children generally perform the rapture of children. According to Balinese customary law the removal of children is generally a child who is raised from the purusha line (from the male lineage), the purpose of the child's rapture is to continue the offspring, responsibility in the form of rights and obligations. The appointment of children for a Hindu married couple who are Balinese,</em> <em>Then the implementation of the child appointment process should follow the provisions of Hindu law, then Balinese customary law (awig-awig and pararem) that applies in each customary village in addition to also still referring to the process of child adoption procedures that have been regulated in the applicable legislation in Indonesia. Based on this background, the issues discussed can be formulated as follows: 1. How to regulate the shahnya rapture of children according to customary law, Hinduism and National Law. 2. How the process of carrying out the appointment of children in indigenous villages in Bali is studied from legal pluralism. concepts: harmonization of law, adoption of children, pluralism of law, theory using legal pluralism (John Griffiths) and living law theory (Eugene Ehrlich), type of empirical legal research, descriptive nature of research, type of data qualitative and sourced from primary data and secondary data, using methods of data collection, obsenvation, interview, and literature. Determination of informants using non probability sampling, the instrument used by mobile phones, management and qualitative and systematic descriptive analysis. The results of research 1) The regulation of the shahnya child appointment can be seen from 3 legal bases, namely national law, customary law, and religious law. 2) In the process of carrying out the adoption of children in indigenous villages in Bali on the point of view of legal pluralism, namely the combination of three basic legal rules, including national law, customary law (awig-awig and pararem), and religious law (Hindu law), where the three legal bases run simultaneously in the implementation of child adoption in harmony, and balance, so as to create a harmony of law in the implementation of child appointment in indigenous villages in Bali</em></p><p><strong>Keywords</strong>: <em>Harmonization of the Law, Adoption of the Child, Pluralism of Law</em></p><p> </p>

KEDUDUKAN ANAK ADOPSI MENURUT KITAB UNDANG-UNDANG HUKUM PERDATA

Absract Children are interpreted as a gift from God to make them happy and strengthen the bond of love between a husband and wife. In fact, there are married couples who do not have the desired offspring, for various reasons, ranging from medical causes to hereditary factors. Married couples will try to bring children in the middle of their domestic life, by adopting children. The problem in this paper is the requirements for adopting a child and the status of an adopted child according to civil law. The purpose of this study was to find out how the process of applying for child adoption. The approach method used in this research is the statutory approach. The method of presenting data in this research is done descriptively. The analysis used in this paper is conceptual. The results of the study indicate that the conditions for adopting a child can be carried out in accordance with the Circular Letter of the Supreme Court of the Republic of Indonesia NO. 6/83 which regulates how to adopt a child stating that to adopt a child, you must first submit an application. Keywords: Civil law, Adoption, Child

The Adoption of Found Child According to Islamic Law and Law No. 3 of 2006 on Religious Courts in the Perspective of Maqasid Al-Shari'ah

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.

Refusal versus massive investment: Qualitative study of parenthood among adopted adults in France

Adoptees are studied more as children than as adults. While there is nevertheless a large body of research on adopted adults, little of this has focused on the families they build. Adoptees’ parenthood has been particularly neglected. The few studies conducted on this subject up to now all had serious methodological flaws, and were not interested in adoptees who either refuse to become parents or, at the other extreme, invest massively in parenthood. In the present study, our objective was therefore to better understand the experience and determinants of two specific attitudes toward parenthood among adoptees: refusal and massive investment. We carried out semistructured interviews with 13 adopted adults who held just such attitudes toward parenthood. The interview transcripts were submitted to a thematic analysis using QDA Miner 5 software. This analysis shed light on the experiences of adoptees who either refuse parenthood (satisfaction, parenting by proxy, views on child adoption) or invest massively in it (parenting style, desire for children, difficulties encountered), as well as on the determinants of these positions (impact of adoptee status, relationships with adoptive parents and with partners). These results enhance current understanding of the potential distress of adoptees regarding parenthood, as well as the challenges that this life stage can pose for them and their children. We discuss the theoretical and clinical implications.

Distinguishing: Appointment, Recognition of Children and Ratification of Children Based on Law Number 23 of 2006 concerning Population Administration

Article 4 7(1) of Law No 23 of 2006 on the Administration of the Population (Adminduk) provides that the adoption of children is a legal act to transfer the rights of the child from the families of parents, legal guardians and others responsible for the care, education and bringing of children into the families of their adoptive parents by decision of the Court Basing this child acceptance on the concept or limitation of child adoption is a legal act with certain law-controlled goals and aims and inevitable legal consequences, such as the bodily and psychological responsibility of the child he or she accepts. Kid Recognition is a father's recognition of his kid born from lawful marriage with the agreement of the biological mother of the child. Kid acknowledgment is meant to provide the child a biological father/father, as well as legal civil ties. The provisions mentioned in the Elucidation of Article 49(1) of the Adminduk Law are acknowledgments that can only be made by the father/father, in this case there is no mother's acknowledgement; in other words, it is not automatically necessary to prove that the child was not born by the mother concerned. Elucidating Article 50(1) of the Child Legalization Administration Law is the ratification of the status of a child born outside the legal marital bond while registering the marriage of the child's two parents. Article 50(1) of the Administrative Law requires parents to notify the child's ratification to the Implementing Agency no later than 30 (thirty) days after the child's father and mother marry and acquire a marriage certificate. Child Recognition or Child Ratification can be performed for children born outside formal marriage. If the child's acknowledgement is restricted to a disclosure from his biological father, accepted by his birth mother, without being followed by the parents' marriage, yet in the Child Legalization, the child's mother and father are married. When documenting the wedding, the youngster is recognized as their biological kid. And this kid's ratification is a legal endeavor (rechtsmiddel) to offer a position as a legitimate kid through marriage by his parents.