ANALISIS YURIDIS RATIO DECIDENDI DALAM PUTUSAN PENGADILAN AGAMA TAREMPA NOMOR: 94/Pdt.G/2023/PA. Trp TERHADAP PENGANGKATAN ANAK YANG TIDAK MELALUI PENETAPAN PENGADILAN
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Institusion
Universitas Maritim Raja Ali Haji
Author
DAVID, GERMANOS
Suryadi, Suryadi
Nuraini, Lia
Suryadi, Suryadi
Nuraini, Lia
Subject
346 Private Law/Hukum Privat, Hukum Perdata
Datestamp
2025-02-14 03:05:20
Abstract :
Abstract Adoption is a legal act that must go through a court process and a judge?s decision. Many married couples can ado1pt children by adopting orphans or adopting children from households where the relationship between adoptive parents ant their adopted children is the same as the relationship between biological parents and their children. One example can be seen from the conflict regarding child adoption in the Tarempa Religion Decision Number: 94/Pdt.G/2023/PA.Trp, with the ruling stating that the Plaintiff's claim as the biological parent of CAA's child is rejected and that CAA's child's custody rights remain. is with the Defendant as the adoptive parent of CAA's child. The aim of this research is to find out the judge's considerations in resolving land disputes (case study to find out the ratio decidendi by the judge in the decision to adopt a child in the Tarempa Religious Court Decision Case Number: 94/Pdt.G/2023/PA.Trp. The method used in the research This is normative legal research and uses data collection techniques and tools in the form of literature studies. The results of this research state that the panel of judges at the Tarempa Religious Court applied the principle of contra legem to Article 1 number 9 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2014. 2002 Concerning Child Protection in conjunction with Article 171 of the Compilation of Islamic Law in conjunction with Article 1 number 1 of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, and child custody (hadhanah) remains in the control of the Defendant as the adoptive parent of the child CAA Regarding the legal basis which was used by the Tarempa Religious Court judge in resolving hadhanah disputes in decision Number: 94/Pdt.G/2023/PA. The judge referred to Supreme Court Jurisprudence Number 110K/AG/2007 which emphasized that if a hadhanah dispute occurs, the most important thing of all is the benefit and interests of the child. For this reason, people who adopt children should be more obedient to the applicable laws and regulations so that disputes related to child adoption do not occur repeatedly.
Abstract Adoption is a legal act that must go through a court process and a judge?s decision. Many married couples can ado1pt children by adopting orphans or adopting children from households where the relationship between adoptive parents ant their adopted children is the same as the relationship between biological parents and their children. One example can be seen from the conflict regarding child adoption in the Tarempa Religion Decision Number: 94/Pdt.G/2023/PA.Trp, with the ruling stating that the Plaintiff's claim as the biological parent of CAA's child is rejected and that CAA's child's custody rights remain. is with the Defendant as the adoptive parent of CAA's child. The aim of this research is to find out the judge's considerations in resolving land disputes (case study to find out the ratio decidendi by the judge in the decision to adopt a child in the Tarempa Religious Court Decision Case Number: 94/Pdt.G/2023/PA.Trp. The method used in the research This is normative legal research and uses data collection techniques and tools in the form of literature studies. The results of this research state that the panel of judges at the Tarempa Religious Court applied the principle of contra legem to Article 1 number 9 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2014. 2002 Concerning Child Protection in conjunction with Article 171 of the Compilation of Islamic Law in conjunction with Article 1 number 1 of Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, and child custody (hadhanah) remains in the control of the Defendant as the adoptive parent of the child CAA Regarding the legal basis which was used by the Tarempa Religious Court judge in resolving hadhanah disputes in decision Number: 94/Pdt.G/2023/PA. The judge referred to Supreme Court Jurisprudence Number 110K/AG/2007 which emphasized that if a hadhanah dispute occurs, the most important thing of all is the benefit and interests of the child. For this reason, people who adopt children should be more obedient to the applicable laws and regulations so that disputes related to child adoption do not occur repeatedly.
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