Pengangkatan Anak dan Akibat Hukumnya di Pengadilan Agama Jombang

(Analisis Penetapan Perkara Nomor : 611/Pdt.P/2022/PA.Jbg.)

Abstract

Background. The process of adopting a child must go through a court order. This determination is made by the prospective adoptive parents and the biological parents of the child who is adopted to submit a case for the application for adoption to the Religious Courts. The government issued a policy for the welfare and protection of adopted children so that they have legal force by passing Law Number 3 of 2006 concerning Amendments to Law Number 7 of 1989 Article 49 letter (a) number (20) concerning the Religious Courts.

Methods. This type of research is field research. The research was carried out at the Class IA Jombang Religious Court. Researchers obtained primary information by interviewing judges who had experience in deciding child adoption cases. The secondary data used is in the form of copies of provisions and books relating to the provisions on child adoption.

Aims.The research examines in more depth the adoption of children which is under the authority of the Religious Courts, especially in the Jombang Religious Courts, and what problems arise as a result of child adoptions.

Results. The Panel of Judges granted and decided the case regarding the adoption of a child by the applicant by looking at various aspects and considerations, including the reasons and facts that exist and should be accepted and given a decision on the basis of positive law and the basis of Islamic law which regulates it, and strengthened the decision of the Panel of Judges in the trial to provide a decision regarding adoption of the child to the applicant. There is no repetition or duplication in the hearing to determine the adoption of a child because there is no dispute or opposition. The decision is only declaratory in nature.