ANALISIS PEMBUKTIAN DALAM PENETAPAN PENGANGKATAN ANAK (Studi Penetapan Nomor : 0076/PdT-P/2013/PA.Pbr.)

RAMADHANI, ANNISA AMALIA (2025) ANALISIS PEMBUKTIAN DALAM PENETAPAN PENGANGKATAN ANAK (Studi Penetapan Nomor : 0076/PdT-P/2013/PA.Pbr.). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This study aims to analyze the basis of the judge's considerations in determining Number: 0076/Pdt-P/2013/PA.Pbr. and to review the legal consequences for the parties involved in the child adoption process by the owner of a social foundation. The background of this study stems from legal issues related to child adoption without a recommendation from the Social Services Agency, which has caused conflict between social institutions and the government regarding child custody rights. Child adoption is a legal act that has consequences for the civil relationship between the adopted child and the adoptive parents. The method used in this study is normative legal research with a statute approach and a case approach. The judge ruled that child adoption must be carried out to ensure the welfare of the child without severing the blood relationship with the biological parents. The results of this study show that the Pekanbaru Religious Court Decision No. 0076/Pdt-P/2013/PA.Pbr basically recognized that the formal and material requirements for the adoption petition had been met, even though there were a number of administrative weaknesses in the evidence process. Formally, the judge stated that the court had the authority to examine the case based on the domicile of the Petitioner and the identities of the parties as proven by their identity cards and marriage certificates, so that the Petitioner's legal standing was declared valid. In addition, the consent of the biological parents and the recommendation of the social services agency were deemed sufficient even though the documents did not meet the legalization and formal procedure standards as stipulated in Government Regulation No. 54 of 2007. Substantively, the judge considered that the Petitioner had cared for the child since infancy, had a harmonious family situation, and was deemed socially and economically capable based on witness testimony. This study also found that the evidentiary process in the decision prioritized material truth over formal truth, so that evidence that was administratively weak was still accepted because it was deemed to fulfill the substance of child protection. However, this condition is an important finding because it shows a gap between the procedural standards stipulated in legislation and judicial practice in the field. The absence of psychological assessments, home visits, and professional reports from social workers indicates that the technical prerequisites for child adoption have not been fully implemented. Keywords: Child Adoption, Evidence, Determination

Item Type:

Thesis (Undergraduate)

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