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Perpustakaan Fakultas Syariah dan Hukum
UIN Syarif Hidayatullah Jakarta

This thesis examines guardianship of adopted children by unmarried guardians from the perspective of positive law and Islamic law, and analyzes the determination of court number 121/Pdt.P/2019/PN. SBY. In the Positive Law, the regulation that regulates this issue is Government Regulation number 29 of 2019. Then in Islamic Law it refers to the Compilation of Islamic Law (KHI).
This research uses the type of juridical normative research and library research by examining and reviewing several literatures such as books, laws, government regulations, and the Compilation of Islamic Law (KHI) related to the title of this thesis.
The results of this study show that guardianship of adopted children by unmarried guardians according to Positive Law is allowed, by fulfilling several conditions that have been regulated in Government Regulation number 29 of 2019. Then in Islamic Law it is also allowed on the condition that it does not break the relationship between the child's destiny and the biological parents. The result of the analysis of decision Number 121/Pdt.P/2019/P.N.SBY is that the judge in deciding this matter considers the aspects of legal certainty and legal protection for children, which is in accordance with the principles of the Child Welfare Law.

10/PMH/2024

10/PMH/2024

Perpustakaan FSH Lantai 4

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