Legal Protection Against The Implementation Of The Appointment Of Children In Terms Of Islamic Law And Law No. 23 Of 2002 Concerning Child Protection

Feb 27, 2025 by ADMIN 150 views

Legal Protection against the Implementation of the Appointment of Children in Terms of Islamic Law and Law No. 23 of 2002 Concerning Child Protection

Overview of the Appointment of Children in Indonesia

The appointment of children in Indonesia is a complex and multifaceted issue that has been regulated by various laws and regulations, including Islamic Law, Law No. 23 of 2002 concerning Child Protection, and Government Regulation No. 54 of 2007 concerning the Implementation of the Appointment of Children. The process of appointment of children and the obligations to adopted children are governed by these laws, but differences in the implementation and understanding of various regions, especially related to customary law and western law, make the process of appointment of this child complex and need to be analyzed further.

Essential Differences in Settings: Islamic Law vs. National Law

The results of this study showed that the fundamental difference between Islamic law and national law in the appointment of children lies in the process of appointment of children, inheritance rights, blood relations, and implications for marriage guardians. This difference is crucial in understanding the legal protection for adopted children in Indonesia.

Islamic Law: Emphasis on Spiritual and Emotional Aspects

Islamic law emphasizes spiritual and emotional aspects in the appointment of children. The relationship between adopted children and adoptive parents is considered similar to blood relations, so adopted children have inheritance rights and are considered family. This approach is based on the principles of Islamic law, which prioritize the well-being and protection of children.

National Law: Emphasis on Legal Aspects

Law No. 23 of 2002 concerning Child Protection emphasizes the legal aspects of formal in the appointment of children. Adopted children do not have inheritance and blood relations as in Islamic law. Government Regulation No. 54 of 2007 concerning the Implementation of Appointment of Children Establishing formal requirements and procedures that must be met in the appointment process. This approach is based on the principles of national law, which prioritize the formalization of the appointment process.

Legal Protection for Adopted Children

Article 20 of Law No. 23 of 2002 concerning Child Protection asserted that the state, government, community, family, and parents are responsible for protecting children. Adopted children who experience neglect, violence, persecution, sexual harassment, slavery, exploitation, trade, or other deviations from adoptive parents, have the right to submit the cancellation of appointment. This provision is crucial in ensuring the protection of adopted children and their rights.

Considerations and Recommendations

This study shows the need to increase public awareness of the rights and legal protection for adopted children. In addition, it is important to improve coordination and cooperation between relevant institutions in carrying out regulations and overseeing the implementation of children's appointment. It aims to ensure that the child's appointment process goes according to applicable regulations and protect the rights of adopted children.

Future Developments

In the future, the development of more comprehensive laws and regulations that consider the needs of all parties, especially adopted children, is necessary. Efforts to increase legal awareness and strengthen the role of society in protecting adopted children are also one of the keys to success in ensuring the welfare and rights of children in the future.

Conclusion

The appointment of children in Indonesia is a complex issue that requires careful consideration of the legal protection for adopted children. This study highlights the essential differences between Islamic law and national law in the appointment of children and the need for increased public awareness and coordination between relevant institutions. By understanding these differences and working together, we can ensure that the child's appointment process goes according to applicable regulations and protect the rights of adopted children.

Recommendations for Future Research

Future research should focus on the following areas:

Development of more comprehensive laws and regulations: The development of more comprehensive laws and regulations that consider the needs of all parties, especially adopted children, is necessary.
Increased legal awareness: Efforts to increase legal awareness and strengthen the role of society in protecting adopted children are also one of the keys to success in ensuring the welfare and rights of children in the future.
Coordination and cooperation between relevant institutions: Improving coordination and cooperation between relevant institutions in carrying out regulations and overseeing the implementation of children's appointment is crucial.

Limitations of the Study

This study has several limitations, including:

Scope of the study: The study only focuses on the appointment of children in Indonesia and does not consider other countries or regions.
Data collection: The study relies on secondary data and may not capture the nuances of the issue.
Analysis: The study only provides a general analysis of the issue and does not provide in-depth analysis of specific cases or scenarios.

Future Directions

Future research should focus on addressing the limitations of this study and exploring the following areas:

Comparative analysis: A comparative analysis of the appointment of children in different countries or regions would provide valuable insights into the issue.
In-depth analysis: An in-depth analysis of specific cases or scenarios would provide a more nuanced understanding of the issue.
Policy recommendations: Policy recommendations based on the findings of this study would provide a clear direction for future research and policy development.

Conclusion

In conclusion, the appointment of children in Indonesia is a complex issue that requires careful consideration of the legal protection for adopted children. This study highlights the essential differences between Islamic law and national law in the appointment of children and the need for increased public awareness and coordination between relevant institutions. By understanding these differences and working together, we can ensure that the child's appointment process goes according to applicable regulations and protect the rights of adopted children.
Frequently Asked Questions (FAQs) about Legal Protection against the Implementation of the Appointment of Children in Terms of Islamic Law and Law No. 23 of 2002 Concerning Child Protection

Q: What is the main difference between Islamic law and national law in the appointment of children?

A: The main difference between Islamic law and national law in the appointment of children lies in the process of appointment of children, inheritance rights, blood relations, and implications for marriage guardians. Islamic law emphasizes spiritual and emotional aspects, while national law emphasizes legal aspects.

Q: What are the rights of adopted children in Indonesia?

A: Adopted children in Indonesia have the right to protection from neglect, violence, persecution, sexual harassment, slavery, exploitation, trade, or other deviations from adoptive parents. They also have the right to submit the cancellation of appointment if they experience any of these forms of abuse.

Q: What is the role of the state, government, community, family, and parents in protecting children in Indonesia?

A: According to Article 20 of Law No. 23 of 2002 concerning Child Protection, the state, government, community, family, and parents are responsible for protecting children. This includes providing a safe and nurturing environment for children and ensuring that their rights are respected and protected.

Q: What are the implications of the appointment of children for marriage guardians?

A: The appointment of children can have implications for marriage guardians, particularly in terms of inheritance rights and blood relations. Islamic law considers the relationship between adopted children and adoptive parents to be similar to blood relations, while national law does not.

Q: What are the essential differences in settings between Islamic law and national law in the appointment of children?

A: The essential differences in settings between Islamic law and national law in the appointment of children include:

Process of appointment of children: Islamic law emphasizes spiritual and emotional aspects, while national law emphasizes legal aspects.
Inheritance rights: Islamic law considers adopted children to have inheritance rights, while national law does not.
Blood relations: Islamic law considers the relationship between adopted children and adoptive parents to be similar to blood relations, while national law does not.
Implications for marriage guardians: Islamic law has implications for marriage guardians in terms of inheritance rights and blood relations, while national law does not.

Q: What are the recommendations for future research?

A: Future research should focus on the following areas:

Development of more comprehensive laws and regulations: The development of more comprehensive laws and regulations that consider the needs of all parties, especially adopted children, is necessary.
Increased legal awareness: Efforts to increase legal awareness and strengthen the role of society in protecting adopted children are also one of the keys to success in ensuring the welfare and rights of children in the future.
Coordination and cooperation between relevant institutions: Improving coordination and cooperation between relevant institutions in carrying out regulations and overseeing the implementation of children's appointment is crucial.

Q: What are the limitations of the study?

A: This study has several limitations, including:

Scope of the study: The study only focuses on the appointment of children in Indonesia and does not consider other countries or regions.
Data collection: The study relies on secondary data and may not capture the nuances of the issue.
Analysis: The study only provides a general analysis of the issue and does not provide in-depth analysis of specific cases or scenarios.

Q: What are the future directions for research?

A: Future research should focus on addressing the limitations of this study and exploring the following areas:

Comparative analysis: A comparative analysis of the appointment of children in different countries or regions would provide valuable insights into the issue.
In-depth analysis: An in-depth analysis of specific cases or scenarios would provide a more nuanced understanding of the issue.
Policy recommendations: Policy recommendations based on the findings of this study would provide a clear direction for future research and policy development.

Q: What is the conclusion of the study?

A: The appointment of children in Indonesia is a complex issue that requires careful consideration of the legal protection for adopted children. This study highlights the essential differences between Islamic law and national law in the appointment of children and the need for increased public awareness and coordination between relevant institutions. By understanding these differences and working together, we can ensure that the child's appointment process goes according to applicable regulations and protect the rights of adopted children.