TRADISI PENGANGKATAN ANAK SEBUT DI ACEH (KAJIAN KESESUAIAN FATWA MAJELIS PERMUSYARAWATAN ULAMA DAN PERATURAN PERUNDANG-UNDANGAN)

NADHILAH FILZAH, NIM:18203010114 (2021) TRADISI PENGANGKATAN ANAK SEBUT DI ACEH (KAJIAN KESESUAIAN FATWA MAJELIS PERMUSYARAWATAN ULAMA DAN PERATURAN PERUNDANG-UNDANGAN). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

Kluet community recognizes adopted children as “Anak Sebut”, the adat prevailing in the Kluet community is a recognized custom but specifically does not have a normative legal basis. The existence of recognition and guarantee of collective rights over the indigenous Kluet community makes the traditional apparatus determine their own customary rules in solving various problems. This also applies to the adoption of a child, in the form of determining the terms and criteria for the adopted child and the adopting parents. In this study, the researcher shown the form of legal protection for this practice and the implications of adopting “anak sebut” with the regulatory perspective of Fatwa Majelis Permusyaratan Ulama and regarding the implementation of child adoption. This research was a field research with this research was conducted with normative approach. Data collection was done through in-depth interviews with informants to explore the practice of adopting children as primary data and additional supporting data in the form of books, journals, and other scientific works as secondary data The result of the research showed that the concept of legal protection against the practice of adopting children is mentioned through the fatwa of the Aceh Ulama Consultative Council and PP No. 54 of 2007 is a guarantee and acknowledgment of the collective rights of indigenous peoples in their respective territories as long as they do not conflict with the shari'ah and applicable laws. Meanwhile, the procedure for adopting a child is mentioned through the perspective of implementing child adoption in PP No. 54 of 2007 Jo. Permensos No. 110 of 2009 does not meet several aspects such as the minimum age requirements for adoptive parents, the minimum age for marriage between adoptive parents, and the number of children in the marriage of adoptive parents. However, the adoption of “anak sebut” also has several criteria for prospective adoptive parents that must be met which indirectly also replaces the requirements for adopting a child in the regulation. These criteria are established, have same religion, do not inherit from each other and are nit related in guardianshidp, a good personality, and a conducive living and family environment. So that in the future legalization can still be sought by proving on the pretext that the conditions for adopting children have been fulfilled according to “Adat”.

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