relation: https://digilib.uin-suka.ac.id/id/eprint/79044/
title: PERTIMBANGAN HUKUM HAKIM TERHADAP BATAS USIA CALON ORANG TUA ANGKAT (STUDI ANALISIS PUTUSAN PENGADILAN AGAMA MUNGKID NOMOR 179/PDT.P/2022/PA.MKD)
creator: Ilma Maulana Ahmad, NIM.: 24203011088
subject: 346.01 Hukum Keluarga - Hukum Pernikahan
description: Child adoption is influenced by various underlying factors, including biological and moral considerations. In the adoption procedure, legal requirements establish an age limit for prospective adoptive parents. Article 13(b) of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption stipulates that prospective adoptive parents must be at least 30 years old and no more than 55 years old. This study is motivated by a discrepancy between the positive legal provisions governing the age limit for prospective adoptive parents and the Decision of the Mungkid Religious Court Number 179/Pdt.P/2022/PA.Mkd. In this case, the court granted the petition for child adoption even though the petitioners had exceeded the maximum age limit of 55 years stipulated in Article 13(b) of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption.  This study employed a qualitative research method using a juridical approach and Gustav Radbruch’s Theory of the Purposes of Law. The primary data consisted of the Mungkid Religious Court Decision Number 179/Pdt.P/2022/PA.Mkd, relevant statutory regulations, and interviews with judges. Secondary data were obtained from books and scholarly articles relevant to the research problem. This study applies Gustav Radbruch’s Theory of the Purposes of Law, which identifies three dimensions: justice, legal utility, and legal certainty. The study aims to analyze the judges’ legal considerations concerning the age limit for prospective adoptive parents in child adoption proceedings.  The findings indicate that the judges’ legal considerations in the Mungkid Religious Court Decision Number 179/2022/Pdt.P/PA.Mkd reflect the three dimensions of the purposes of law, namely justice, legal utility, and legal certainty. The dimension of justice is reflected in the judges’ prioritization of the best interests of the child by considering the child’s specific circumstances and the capacity of the prospective adoptive parents. The dimension of legal utility is demonstrated by providing the child with an opportunity to receive proper care, protection, affection, and welfare within an appropriate family environment. The dimension of legal certainty is reflected in the judges’ decision to grant the adoption petition, thereby providing the adoption with legal legitimacy. However, legal certainty with respect to the statutory age requirement has not been optimally fulfilled because the judges granted the petition despite the prospective adoptive parents exceeding the age limit prescribed by the applicable regulations. Accordingly, the judges’ considerations in the a quo case prioritize justice and legal utility over formal legal certainty as an effort to realize the substantive purposes of law in safeguarding the best interests of the child.
date: 2026-07-30
type: Thesis
type: NonPeerReviewed
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/79044/1/24203011088_BAB-I_IV-atau-V_DAFTAR-PUSTAKA.pdf
format: text
language: id
identifier: https://digilib.uin-suka.ac.id/id/eprint/79044/2/24203011088_BAB-II_sampai_SEBELUM-BAB-TERAKHIR.pdf
identifier:   Ilma Maulana Ahmad, NIM.: 24203011088  (2026) PERTIMBANGAN HUKUM HAKIM TERHADAP BATAS USIA CALON ORANG TUA ANGKAT (STUDI ANALISIS PUTUSAN PENGADILAN AGAMA MUNGKID NOMOR 179/PDT.P/2022/PA.MKD).  Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.