PENGANGKATAN ANAK DI ATAS USIA DARI KETENTUAN UNDANG-UNDANG (ANALISA ATAS PENETAPAN PENGADILAN AGAMA TUBAN NOMOR 378/Pdt.P/2019/PA.Tbn TENTANG PERMOHONAN PENGANGKATAN ANAK)

Ghinanda Nadhifa Fendriani, NIM.:19103040036 (2023) PENGANGKATAN ANAK DI ATAS USIA DARI KETENTUAN UNDANG-UNDANG (ANALISA ATAS PENETAPAN PENGADILAN AGAMA TUBAN NOMOR 378/Pdt.P/2019/PA.Tbn TENTANG PERMOHONAN PENGANGKATAN ANAK). Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The Tuban Religious Court judge accepted the application for adoption of a 23-year-old adult child in accordance with the legal provisions in force in Indonesia regarding the requirements for adoption in Government Regulation Number 54 of 2007 concerning Implementation of Adoption and Minister of Social Affairs Regulation Number 110/HUK/2009 concerning Requirements for Adoption, namely before the age of 18. But the judge granted the request. This study aims to determine the analysis of judges' considerations in resolving the case of the Tuban Religious Court Decision Number: 378/Pdt.P/2019/PA and the legal consequences of adopting an adult child. The type of research used is library research (library research) by reading, observing, and analyzing various literature such as laws, books, journals, and other library materials. The nature of the research is analytical descriptive with a normative juridical approach (normative law). Methods of data analysis using qualitative analysis methods. While the data collection method uses the library. The results showed that the reason the judge granted the child's request was because the judge applied some of these theories. First is the theory of legal discovery, in this case judges must be able to follow the development of values that develop in society because the dynamics that exist in society develop faster than the legal order but judges must comply with the reality that occurs in society. The second theory of legal certainty is very important when the adoption of a child is due to a legal action, so for the sake of legal certainty it must be proven that it has been done by applying for a determination of adoption to the Court. Third, the benefit theory of judges rules out conventional texts or laws contained in regulations that apply to child adoption because they see that the adopted child is female, unmarried so they still need guidance from parents. In addition, here the judge also saw that in general adoption should aim at the best interests of the child, in this case it turns out to be the best interest for the parents because the parents are classified as old, so are they still able to support the child. Even though interests change, there is nothing wrong with the child being cared for and cared for in his old age because his adoptive parents have absolutely no children. The legal consequence of adopting a child is to provide legal certainty regarding the child's relationship with his biological parents and adoptive parents. Adoption of the child does not break the bloodline relationship with his biological parents. Against adoptive parents, the adopted child hasinheritance rights obtained through obligatory wills the amount of which is at most 1/3 of the adoptive parent's inheritance as stipulated in Article 209 KHI.

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