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VOL. 9, ISSUE 4 (2023)
Juridical analysis of marriage agreements that are not registered at the civil registration office (study of supreme court decision number 598/PDT/2016)
Authors
Mauriska Khairunnisa, Darmawan, Iskandar A Gani
Abstract
Government Regulation of the Republic of Indonesia Number 54 of 2007
Concerning Implementation of Child Adoption and Compilation of Islamic Law,
where these rules really protect the implementation of child adoption before
the law. However, in fact in its practice there are still adoptions that do not
follow the rule of law. This research is intended to provide an explanation of
how the implementation of child adoption is viewed from Islamic law and
customary law in Bener Meriah Regency, how legal protection for child adoption
is viewed from Islamic law and customary law in Bener Meriah Regency and what
the legal implications are for the adoption of children who are adopted through
a court decision and those who are adopted without going through a court
(custom). The results of the study show that the implementation of child
adoption carried out by the community is still not in accordance with the
implementation procedures both according to Islamic law and according to local
customary law. In terms of legal protection, both children and adoptive parents
do not have clear legal protection because there is no determination of the
application for adoption and does not involve Village apparatus in accordance
with the rule of law. The legal implication of adoption through a court or
syar'iyah court is that the rights of adopted children are protected and have
clear legal force before the law. If it is done outside the court, the child
will not get guaranteed rights before the law.
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Pages:94-98
How to cite this article:
Mauriska Khairunnisa, Darmawan, Iskandar A Gani "Juridical analysis of marriage agreements that are not registered at the civil registration office (study of supreme court decision number 598/PDT/2016)". International Journal of Law, Vol 9, Issue 4, 2023, Pages 94-98
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