Wahyudi, Ahmad Syarifudin Juang, Usep Saepullah, Muhammad Husni Abdulah Pakarti

Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia

Introduction

Perlindungan hukum terhadap hak anak angkat berdasarkan hukum positif di indonesia. Menjelajahi perlindungan hukum hak anak angkat berdasarkan hukum positif di Indonesia. Analisis praktik adopsi (adat, Islam, perdata) dan jaminan hak anak angkat di berbagai aspek.

Abstract

This research was conducted with the aim of knowing the rights of adopted children and the protection of their rights in Indonesia. Child protection concerning various aspects of life and livelihood has been regulated in laws and regulations. In the practice of adopting children in Indonesia, there are still various ways, namely the adoption of children in a customary manner that adheres to Islamic teachings and legally through an application to the court. In fact, there are still many adoptions of children in a traditional manner so that the protection of their rights is not guaranteed. The method used in this study uses a normative juridical research method where legislation, books, journals and other sources that are considered relevant to the problem to be studied become the basis for research, and descriptive analysis is carried out by describing the facts. existing facts with normative juridical legal materials. The results obtained in this study indicate that the position of an adopted child in Islam does not sever the blood relationship between an adopted child and his biological parents, in contrast to civil law an adopted child is sever his relationship with his biological parents, in customary law the position of an adopted child depends on the jurisdiction, because some traditional areas in Indonesia differ in determining the position of adopted children. The protection of adopted children has the same position as children in general with the following protections, protection in the field of religion, protection in the field of education, protection in the health sector, protection in the social sector.

Review

The article, "Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia," addresses the crucial topic of legal protection for adopted children's rights within Indonesia's intricate legal framework. The research aims to identify the specific rights afforded to adopted children and the existing protective measures, a subject of paramount importance given the diverse and often informal nature of adoption practices across the archipelago. Employing a normative juridical methodology, the study draws upon legislative provisions, scholarly works, and other relevant legal materials, utilizing descriptive analysis to present a comprehensive overview of the legal and factual landscape surrounding adoption. A significant contribution of this research lies in its comparative analysis of an adopted child's legal position under different legal systems prevalent in Indonesia. The study highlights that Islamic law preserves the blood relationship between the adopted child and their biological parents, contrasting sharply with civil law, which severs this connection. Customary law, meanwhile, is shown to be highly jurisdiction-dependent, leading to inconsistencies in how adopted children are legally positioned. Critically, the abstract points to a prevailing issue where numerous customary adoptions proceed without formal legal recognition, thus leaving the protection of these children's rights vulnerable and often unsecured. Despite these distinctions, the findings affirm that adopted children generally enjoy the same protections as biological children across key areas such as religion, education, health, and social welfare. The study's strength lies in its clear identification of the disparities in legal treatment based on the legal system governing adoption, directly addressing a practical problem concerning the protection of children adopted through customary means. This comparative approach is vital for understanding the complexities of legal pluralism in Indonesia. While the abstract outlines broad areas of protection, future work could delve deeper into the specific mechanisms for enforcing these protections and the challenges faced in practice, especially for children adopted outside formal legal channels. Providing more granular detail on how these protections manifest and are upheld across the differing legal frameworks, perhaps through case studies, would further strengthen the practical implications and policy recommendations stemming from this important research.

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