PELAKSANAAN PENGANGKATAN ANAK MELALUI PENETAPAN HAKIM (Tinjauan Yuridis Penetapan Nomor : 01/ Pdt. P/ 2014/ PN. Bms)

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TitlePELAKSANAAN PENGANGKATAN ANAK MELALUI PENETAPAN HAKIM (Tinjauan Yuridis Penetapan Nomor : 01/ Pdt. P/ 2014/ PN. Bms)
Publication TypeThesis
Year of Publication2015
AuthorsZuliansyah, B
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

Determination of a foster child or adoption and ratification of adopted children under
the authority of religious courts and state courts under Article 49 letter .and a law No. 3
2006 on change Top Law No. 7 1989 On the Religious Court explained that the religious
court has the authority to make the determination of adoption under the laws Islam.
Purpose this study to determine the conduct of the applicant's adoption of the religion of
Islam in the District Court of Banyumas study of numbers: 01 / PDT.P / 2014 / PN .BMS.
The approach used in this approach is the Clinical Legal Research.
The results obtained are: 1. The procedure for filing an application to the Chairman
of the Court, registered in the book registrars, pay court fees, Case petition included in the
definition voluntary jurisdiction of the Court, set the day and date of the hearing, the
implementation of the trial opened and examined by the judge of all the evidence and
witnesses, in case of filing the applicant argued that the judge will grant the petition of the
applicant and the hearing was closed. 2. From the aspect of normative substance: a.
Judges examine the reasons the request, b. The judge found the law, c. The judge
examined the evidence of the Petitioner, d. Judge gives legal considerations, e. Judges
give legal assessment of the facts argued by the law of adoption, and f. Judge gives
additional award: 1) send a copy of this determination to the Head of the Department of
Population and Civil Registration to follow up recording in the Register birth certificate
and citation Birth Certificate, after the applicant to show a copy of this stipulation that has
binding; 2) The judge reminded the Applicant that "lifting the child decides not blood
relations between the adopted child and his biological parents", "foster parent shall notify
the adopted son of the origins and biological parents". Furthermore, it is suggested that
should be at the beginning of the legal considerations in the determination of the judge to
consider first the authority of the court to examine and adjudicate cases examined, the
legal outcomes becomes increasingly apparent.

 

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