Nuramanu, Dwi (2016) Pengangkatan anak berdasarkan adat kebiasaan dan peraturan perundang-undangan. Jurnal Hukum Ekonomi dan Bisnis, 14 (1).
Full text not available from this repository.Abstract
Adoption is not a new problem in Indonesia. Since years ago in the past there has been adoption with various kinds of ways, motivations and goals according to each person's interests as well as the legal systems and the sense of justice of the people that is applied and thrived in each region. From various different ways, goals and motivations that lie behind the community to adopt children, therefore the existence of clear rules of adoption that are acceptable to protect all segments of society that is so multicultural is desirable to exist. Law No. 23 Year of 2007 on Child Protection Article 39 clause (1) states that in essence an adoption can only be done for the best interests of the child adopted. Based on the above clause, it can be formulated into 2 (two) things, namely: (1) how is the courtÂ’s decision / order against the request made for purposes other than protection of the welfare of the adopted children? and (2) how is the legal consequences of the adoption?. This study is a normative law. Based on the researchÂ’s objectives there is the result that the judge or court as law enforcement in providing the determination / decision of the adoption petition must be guided by the laws and regulations. In addition, the judge as the upholder of justice can serve as the dynamist of legislation and legal discovery by using interpretation method, construction and other socio-cultural considerations to meet the needs of the community and fill the legalÂ’s vacuum. Given the manner of appointment of custom consequences, the position of adopted children are different in each area. In Java, there is no cut of relationship between the children adopted with their biological parents; the inheritance has two sources. In Bali, the adopted children have similar position with biological children and there is the cut of blood relationship between the adopted children with their biological parents. According to Islamic law: no blood disconnection between adopted children and their biological parents and families; in Islamic law adopted child is not domiciled as the heir of the adoptive parents, but still be the heir of his biological parents, adoptive parents as well do not serve as the heir of the adoptive child, yet the adopted child has the right to get borrowed will. As a result of adoption laws by Stbl. 1917 the position of adopted child is the same as a legitimate child resulted from the marriage of his adoptive parents, thus there are equal inheritance rights between biological children and adopted children.
| Item Type: | Article |
|---|---|
| Uncontrolled Keywords: | Protection, Due to Law, and Adoption |
| Divisions: | Fakultas Hukum > S1 Hukum |
| Depositing User: | tassa Natassa Auditasi |
| Date Deposited: | 17 Feb 2022 03:50 |
| Last Modified: | 17 Feb 2022 03:50 |
| URI: | https://eprints.unmer.ac.id/id/eprint/2556 |
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