PELAKSANAAN PENGANGKATAN ANAK DI PENGADILAN AGAMA DAN PENGADILAN NEGERI SUKOHARJO

Abstract

The purpose of this study is to examine: (1) the implementation of child
adoption in the Religious Courts and District Courts; (2) analyzing the legal
consequences of implementing child adoption after obtaining a legally binding
determination; (3) analyze the factors that influence the effectiveness of the
adoption of children in the Religious Courts and Sukoharjo District Courts.
The adoption of a child can be carried out in the Religious Courts or the District
Courts. Adoption of a child based on Islamic law, the jurisdiction is in the
Religious Courts and if based on customary law and statutory regulations, the
jurisdiction is in the District Court.
The type of research used is normative juridical with research
specifications that are descriptive analytical.
The results of the study indicate that adoption is subject to different
laws, and brings with it different legal consequences which generally arise after
a decision is made by the Religious Court or the District Court where the
application is filed. At the District Court the adoption of a child is subject to the
Civil Code which is regulated separately in Staatsblad 1917 No. 129 which has
legal consequences for severing the civil relationship between the child and his
biological parents so that the child is positioned as a biological child and in the
Religious Courts which are subject to Islamic law, the adoption of the child is
only for the purpose of helping, not severing the kinship relationship between
the child and his biological parents. guardianship rights, so that the position of
the adopted child is not the same as that of the biological child. In the case of
inheritance, the adoption of a child based on the determination of the Religious
Court is entitled to inheritance from his adoptive parents based on a mandatory
will. The factors that influence the effectiveness of the adoption of child
adoption are legal factors, law enforcement factors, facilities and facilities
factors, and community cultural factors. With the adoption of a child from the
court, it is hoped that it can provide protection for adopted children. Then it is
suggested to the government to conduct special socialization regarding the
implementation of adoption through the courts in order to be able to provide
broad information to the public in order to ensure legal certainty.
Keywords: adoption, legal consequences of child adoption