Legal Review of Adoption According to Islamic Law in Connection with Legal Certainty

Abstract

Adoption is a legal act where a husband and wife take a child who is not their biological child to be adopted with the aim of providing protection, affection and responsibility as a biological child. One example of the practice of child adoption is the application submitted by an Indonesian citizen in case 02/Pdt.P/2011/PA.Pbr. This study was conducted to see how the procedure for child adoption in Indonesia, especially within the scope of practice of the Religious Court and what considerations the judges took in deciding the case 02/Pdt.P/2011/PA.Pbr. This study is a normative legal study by studying the case file Number 02/Pdt.P/2011/PA.Pbr, while the nature of this study is descriptive, namely a study that provides data as accurately as possible about the conditions or symptoms that can help in strengthening new theories. In addition, the author also conducted interviews with the Panel of Judges who handled the case to complete the research. The results of the study show that from the decision 02/Pdt.P/2011/PA.Pbr where the applicants withdrew their application because the child's uncle wanted to care for the child so that the applicants gave the uncle the opportunity to care for the child, the judge considered the applicants who had been present and of their own accord withdrew their application which read, today, Thursday, February 10, 2011 I, the applicants, of my own accord, withdraw my registered lawsuit so that the judge determined the withdrawal of the application. While in another case, namely case number 154/Pdt.P/2024/PA.Pbr, the judge took into account the strong desire of the applicants to care for him, and for the sake of the child's future, the matter was discussed and tried. The results of the deliberation then determined that the responsibility for the interests and welfare of the child shifted to the responsibility of the applicants.