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Fairah Sahrain
Faculty of Law, Universitas Negeri Gorontalo
Law, Crime, Criminology & Criminal Justice

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Implementation of the Law on the Fulfilment of the Rights of Adopted Children after Court Determination Fairah Sahrain
Estudiante Law Journal VOL. 8 NO. 1 FEBRUARY 2026
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/eslaj.v8i1.18261

Abstract

Indonesian law requires that the adoption of a child be confirmed by a court determination, and Article 1 number 9 of Law Number 35 of 2014 amending Law Number 23 of 2002 on Child Protection transfers the full responsibility for the child’s care, education and upbringing to the adoptive parents. This article examines the legal regulation of the fulfilment of the rights of adopted children and the implementation of those rights after a court determination has been issued. The study uses empirical legal research with a qualitative approach; data were collected through observation, interviews with the chair, a judge and the registrar of the Limboto Religious Court and with five adoptive parents, and through documentary study. The study finds that adoption through the court secures legal certainty, legal justice and legal documentation, and that it transfers responsibility for maintenance, education and welfare to the adoptive parents in full. In four of the five cases examined the rights of the adopted child were fulfilled, but in one case the child’s right to direct care and affection was not fulfilled after the adoptive parents had a biological child, which is inconsistent with the Child Protection Law.
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