The Process of Removing Children

Oct 13, 2025 by leolavanderia.com.br 67 views

The Appointment of Children: A Study of the Determination of the Medan Religious Court Number 35/Pdt.P/2016/PA.MDN

Introduction

The appointment of children, also known as adoption, has become an essential part of the family legal system in society. This process is not only a personal need in the family context but also reflects the applicable social and cultural values. In this context, research focuses on the process of appointment of children and legal implications based on the determination of the Medan Religious Court Number 35/Pdt.P/2016/PA.MDN.

The Process of Removing Children

The process of implementing the appointment of children's kemanakan, as stipulated in the determination, is basically similar to the child's appointment process in general. However, there are significant differences; The removal of the child is done directly, without going through protracted procedures. This shows that court institutions pay more attention to the appointment of children who have kinship ties, so it is considered important to be immediately realized in the interests of children.

The appointment of children's process involves several stages, including the submission of an application by the adoptive parents, the evaluation of the child's suitability for adoption, and the issuance of a court decision. The court's decision is based on various factors, including the child's best interests, the adoptive parents' suitability, and the child's relationship with their biological parents.

Judge Legal Considerations

Legal considerations carried out by the judge in deciding the application for the appointment of the child's child are based on various sources of law, including the Book of the Islamic Law (KHI), the Religious Court Law, and the Regulation of the Minister of Religion and the Fatwa of the Indonesian Ulema Council. The judge considers the reasons and objectives of the request to ensure that the appointment of children is carried out for the best interests for the child.

The judge's decision to grant the request shows the existence of legitimacy in the appointment of children and provide legal guarantees for adoptive parents. The court's decision is also based on the principle of the best interests of the child, which is a fundamental principle in child welfare laws.

As a Result of the Law of Appointment

The legal consequences of the appointment of children who are declared valid by the Medan Religious Court have important implications. First, the appointment of the child does not create a relationship between nasab, guardian, inheritance, or other legal relationships between adopted children and adoptive parents. In other words, the legal status of children remains in their biological parents, and this is in accordance with the principles in Islamic law that does not recognize the appointment of children as a substitute for the original nasab.

In the context of inheritance, Islamic law stipulates that adopted children are only entitled to heritage through representation, which means the adoptive child does not automatically become the heir of his adoptive parents. Even so, if there is a will made by adoptive parents, adopted children can receive as many parts of the inheritance as much as 1/3 of the total property of adoptive parents. This also applies the opposite, where adoptive parents can receive mandatory wills from adoptive children's property if there is a set of will.

The Legal Status of Adopted Children

The legal status of adopted children is a complex issue in Islamic law. According to Islamic law, adopted children are not considered as the biological children of their adoptive parents. They are considered as the children of their biological parents, and their legal status remains unchanged.

However, the appointment of children can have significant implications for the child's life. Adopted children may experience emotional and psychological challenges as a result of their adoption. They may also face difficulties in establishing their identity and sense of belonging.

Conclusion

The appointment of children is a process that has its own complexity in the legal order. In this study, it can be concluded that although the appointment of children who provide benefits for children, such as care and care, the legal status of children remains bound to biological parents. Thus, it is important for the community to understand the legal limits governing the appointment of children so that there is no misunderstanding of rights and obligations in family relations.

Through this study, it is expected to provide clearer insight into the process and legal consequences of the appointment of children in Indonesia. The study highlights the importance of understanding the legal implications of the appointment of children and the need for further research in this area.

Recommendations

Based on the findings of this study, the following recommendations are made:

The government should establish clear guidelines and regulations governing the appointment of children in Indonesia.
The court should provide clear and transparent information to adoptive parents and children about the legal implications of the appointment of children.
The community should be educated about the legal limits governing the appointment of children to avoid misunderstandings of rights and obligations in family relations.
Further research should be conducted to explore the social and cultural implications of the appointment of children in Indonesia.

Limitations of the Study

This study has several limitations. Firstly, the study is based on a single case study of the Medan Religious Court Number 35/Pdt.P/2016/PA.MDN. Secondly, the study only focuses on the legal implications of the appointment of children and does not explore the social and cultural implications of the process.

Future Research Directions

Future research should explore the social and cultural implications of the appointment of children in Indonesia. This includes examining the experiences of adopted children and their families, as well as the impact of the appointment of children on the community.

References

Book of the Islamic Law (KHI)
Religious Court Law
Regulation of the Minister of Religion
Fatwa of the Indonesian Ulema Council
Medan Religious Court Number 35/Pdt.P/2016/PA.MDN

Appendix

The appendix includes additional information that is relevant to the study, including the court's decision and the legal implications of the appointment of children.
Frequently Asked Questions (FAQs) about the Appointment of Children

Q: What is the appointment of children?

A: The appointment of children, also known as adoption, is a process where a child is given a new family and a new home, usually by a court order. This process is designed to provide a stable and loving environment for the child, and to give them the opportunity to grow and develop in a family setting.

Q: What are the benefits of the appointment of children?

A: The benefits of the appointment of children include:

Providing a stable and loving environment for the child
Giving the child the opportunity to grow and develop in a family setting
Allowing the child to have a sense of belonging and identity
Providing the child with access to education, healthcare, and other essential services

Q: What are the legal implications of the appointment of children?

A: The legal implications of the appointment of children include:

The child's legal status remains unchanged, and they are still considered the child of their biological parents
The adoptive parents have the same rights and responsibilities as biological parents
The child has the right to inherit from their adoptive parents, but not from their biological parents
The child's name and identity may be changed to reflect their new family status

Q: What are the requirements for the appointment of children?

A: The requirements for the appointment of children include:

The child must be under the age of 18
The child must be in need of a new family and a new home
The adoptive parents must be suitable and able to provide a stable and loving environment for the child
The court must approve the adoption and issue a court order

Q: What are the steps involved in the appointment of children?

A: The steps involved in the appointment of children include:

The submission of an application by the adoptive parents
The evaluation of the child's suitability for adoption
The issuance of a court decision
The implementation of the adoption and the transfer of the child's care and custody to the adoptive parents

Q: What are the rights and responsibilities of adoptive parents?

A: The rights and responsibilities of adoptive parents include:

The right to make decisions about the child's care and well-being
The responsibility to provide a stable and loving environment for the child
The responsibility to ensure the child's access to education, healthcare, and other essential services
The responsibility to maintain a relationship with the child's biological parents, if desired

Q: What are the rights and responsibilities of the child?

A: The rights and responsibilities of the child include:

The right to a stable and loving environment
The right to access education, healthcare, and other essential services
The right to maintain a relationship with their biological parents, if desired
The responsibility to respect and obey their adoptive parents

Q: What are the potential risks and challenges of the appointment of children?

A: The potential risks and challenges of the appointment of children include:

The risk of emotional and psychological trauma for the child
The risk of cultural and social adjustment difficulties for the child
The risk of conflict between the child's biological and adoptive families
The risk of difficulties in establishing a sense of identity and belonging for the child

Q: What are the potential benefits and advantages of the appointment of children?

A: The potential benefits and advantages of the appointment of children include:

The opportunity for the child to grow and develop in a stable and loving environment
The opportunity for the child to have access to education, healthcare, and other essential services
The opportunity for the child to establish a sense of identity and belonging
The opportunity for the child to have a positive and supportive relationship with their adoptive parents.