| Summary: | This research aims to determine : ( 1 ) the reasons of the District Court is
still receiving , examine , and granted the application of adoption filed by
Moslem, in which, Act Number 3 Year 2006 related to Religious Courts stated
that religious court was authorized to receive , examine , and adjudicate the
application of adoption based on Islamic law , (2 ) the legal consequences that
arise between the foster parents and the foster child with the stipulation of
adoption by the District Court
This study uses empirical juridical approach , which examines the
implementation of the legal provisions which is descriptive analytic in order to
understand adoption by Moslem in the District Court . The data used for this study
are primary data and secondary data . The primary data obtained through
interviews with respondents and interviewees . While secondary data explored
from primary legal materials in the form of legislation and decision /
determination of the judge concerned. The data obtained and analyzed
qualitatively .
Based on the research it can be seen that : ( 1 ) the District Court is
competent to adjudicate the application of adoption filed by Moslem because the
applicants wants adoptions carried out by customary law , which is based on Book
II Guidance for Technical Administration and Special Civil Court and General
Civil Court that the application for adoption filed by Muslims was intended to
give position for adopted child as a natural child and heir entitled . Beside that, the
existing legislation does not strictly omit the authority of the District Court for
examining and decide the case of adoption by Moslem in the District Court . ( 2 )
The legal consequences that arise following the rules of customary law , there are
adoptions which resulted in removal of the existing relationship between the
foster child and the biological parents, and between the foster child and the foster
parents entitled inheritance , As in the Stipulation of Kotabumi District Court
Number 08/Pdt.P / 2013 / PN.KB , In addition , there are also some stipulations of
adoption in the District Court which are not cut the relationship between foster
child and the biological parents off , but the foster children have the right to
inherit from both the biological parents and the foster parents .
|
|---|