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ANALISIS PENETAPAN HAKIM DALAM PERKARA PENGANGKATAN ANAK (STUDI ATAS PENETAPAN PENGADILAN AGAMA BANYUMAS NOMOR 245/PDT.P/2021/PA.BMS)
This study is motivated by the issuance of the Determination of the Religious Court of Banyumas Number 245/Pdt.P/2021/PA.Bms, which granted a petition for child adoption despite the non-fulfillment of material and administrative requirements stipulated in Government Regulation Number 54 of 2007 concerning Child Adoption and Regulation of the Minister of Social Affairs Number 110 of 2009 concerning the Requirements for Child Adoption, namely the six-month caregiving period and the existence of a recommendation from the Social Agency. This determination raises legal questions regarding the procedural conformity applied by the judge with existing laws and regulations, as well as how the judge assessed the principle of the best interests of the child in making the decision. This research is a normative legal study or library research, descriptive-analytical in nature, using a statute approach and a case approach. It aims to describe the legal perspective of the judge on child adoption in the Determination of the Religious Court of Banyumas Number 245/Pdt.P/2021/PA.Bms. The research employs qualitative data analysis to collect and systematically organize information obtained from interviews, documentation, and other relevant materials. The theories used in this study are the theory of legal certainty and the theory of maslahah mursalah. The results of the study indicate that in his consideration, the judge applied the principle of the best interests of the child as the main foundation in deciding the case. Although the petition did not fully comply with all formal requirements, the judge granted it based on evidence that the child had been cared for since birth by the petitioner, who is a cousin of the child's biological mother. The caregiving was consistent, affectionate, and carried out without objection from the biological family. In his consideration, the judge emphasized the importance of the child’s best interests by providing clear legal protection through the determination, despite procedural shortcomings. This judicial stance reflects the application of the theory of legal certainty in its substantive sense and embodies the values of maslahah in accordance with the concept of maslahah mursalah, as it provides protection for the child as a vulnerable subject entitled to a clear legal status.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
ANALISIS PENETAPAN HAKIM DALAM PERKARA PENGANGKATAN ANAK (STUDI ATAS PENETAPAN PENGADILAN AGAMA BANYUMAS NOMOR 245/PDT.P/2021/PA.BMS) (Text)
ANALISIS PENETAPAN HAKIM DALAM PERKARA PENGANGKATAN ANAK (STUDI ATAS PENETAPAN PENGADILAN AGAMA BANYUMAS NOMOR 245/PDT.P/2021/PA.BMS) (Other)
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297.577 Hukum Keluarga Islam, Bimbingan Pernikahan, Poligami, Perceraian, Iddah, Pengasuhan Anak)