Section Articles

Shifting Rights to Education of Adopted Children in Terantang Village Perspective of Islamic Law

https://doi.org/10.32505/jurisprudensi.v14i2.5217
Armi Agustar
21203011035@student.uin-suka.ac.id (Primary Contact)
Faculty of Sharia and Law, Master of Sharia Studies, Sunan Kalijaga State Islamic University Yogyakarta, Indonesia
Mutasir
Faculty of Sharia and Law, State Islamic University of Sultan Syarif Kasim Riau, Indonesia

Article Sidebar

Submitted
Dec 11, 2022
Accepted
Dec 30, 2022
Published
Dec 31, 2022
Download
PDF
Statistic
Read Counter : 187 Download : 107

Downloads

Download data is not yet available.

Main Article Content

Abstract

Providing the right to proper education for adopted children is the basic goal of adoption. The right to education is one of the rights that must be fulfilled by adoptive parents. In general, the organizers of children's rights above are the obligation and responsibility of the government and society. This research states that in Islamic law adopting a child is a good deed, which helps adopted children get a proper education. The phenomenon that occurred in Trantang Village, the right to education for adopted children shifted to utilization, because it was caused by several factors, one of which was from an economic perspective. The purpose of this research is to strengthen previous research, and to further examine the shift in educational rights for adopted children and to look at the factors that lead to non-fulfillment of adoption rights in Trantang Village. This study uses a sociological normative. The results of this study found several factors that resulted in a shift in educational rights, even the rights of adopted children were not given, such as: economic factors, community habits and social media factors. In fact, in Islam, adoption is a good deed, but over time this right shifts to utilization.

Keywords

Right to Education Adopted Children Islamic Law

Article Details

Creative Commons License

This work is licensed under a Creative Commons Attribution 4.0 International License.

Authors who publish with this journal agree to the following terms:

  1. Authors retain copyright and grant the Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan dan Ekonomi Islam right of first publication with the work simultaneously licensed under a Creative Commons Attribution License (CC BY 4.0) that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
  2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan dan Ekonomi Islam published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
  3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
How to Cite
Agustar, A., & Mutasir. (2022). Shifting Rights to Education of Adopted Children in Terantang Village Perspective of Islamic Law . Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam, 14(2), 160-170. https://doi.org/10.32505/jurisprudensi.v14i2.5217

References

  1. Akbar, et al., (2020). The Effect of Learning Media and Self-Motivation on Parental Involvement in Children's Education. Journal of Obsession: Journal of Early Childhood Education, 4(2), 649. https://doi.org/10.31004/obsesi.v4i2.418
  2. Apriliani, (2020). The Effect of Young Marriage on Family Resilience. Proceedings of Research and Community Service, 7(1), 90. https://doi.org/10.24198/jppm.v7i1.28141
  3. Darwis, et al., (2020). Right to Education for Children Confronting (Conflict) with the Law. Collaborative Journal of Conflict Resolution, 2(1), 19. https://doi.org/10.24198/jkrk.v2i1.27044
  4. Diadha, (2015). Parental Involvement in Early Childhood Education in Kindergarten. Edusentris, 2(1), 61. https://doi.org/10.17509/edusentris.v2i1.161
  5. Faizal Bahar, Afif, (2021). Study of Legal Protection of Adopted Children Without Court Determination Perspective of Islamic Family Law in Indonesia at Kle. Demaan Kec. Jepara Regency Jepara, Isti'lal Journal of Islamic Law Studies, 8(2), 1–24.
  6. Fauzi, et al., (2020). Legal Aspects of E-Commerce Platforms in the Digital Transformation Era. Journal of Communication and Media Studies, 24(2), 119. https://doi.org/10.31445/jskm.2020.3295
  7. Fitria, (2016). Parents' parenting style in educating preschool-aged children is viewed from the cultural aspect of Lampung. Journal of Counseling Focus, 2(2), 99–115. https://core.ac.uk/reader/229583638
  8. Gunawan, et al., (2019). The Right to Education for Children with Special Needs in the Political Dimension of Education Law. Regards: Social and Cultural Journal of Syar-I, 6(2), 207–222. https://doi.org/10.15408/sjsbs.v6i1.10454
  9. Islam, (2016). Child Adoption (Adoption) Viewed from The Perspective Of Islamic Law. Lex Privatum, 4(5), 148464.
  10. Manopo, (2017). Child Adoption Viewed From The Aspect Of The Protection Of Children's Rights. Lex Crimen EJournal Unsrat, 6(3), 69–77.
  11. Purwati, et al., (2021). Review of Crisis Analysis of the Inhibiting Factors of Character Education in Indonesia. Basicedu Journal, 5(4), 1766–1777. http://www.jbasic.org/index.php/basicdu/article/view/1347
  12. Puspitawati, Herien, (2018). Gender and Justice and Reality in Indonesia. IPB Press Publisher PT.
  13. Rois, et al., (2017). Child Education in the Perspective of Islamic Psychology (Thought Study of Prof. Dr. Zakiyah Daradjat). Prophetics: Journal of Islamic Studies, 18(1), 27–35. https://doi.org/10.23917/profetika.v18i1.6298
  14. Setiani, (2019). Policy Implementation for Establishing Child-Friendly Districts/Cities in the Education and Health Sector in Pendeglang District. ISSN 2502-3632 (Online) ISSN 2356-0304 (Paper) International & National Online Journal Vol. 7 No.1, January – June 2019 University 17 August 1945 Jakarta, 53(9), 1689–1699. www.journal.uta45jakarta.ac.id
  15. Tang, (2016). Children's Rights in Article 54 of Law no. 35 of 2014 concerning child protection. AL-Qayyimah, 2(35), 98–111. https://www.jogloabang.com/pustaka/uu-35-2014-change-uu-23-2002-perlindungan-anak
  16. Ummah, (2005). Adoption as an Effort to Protect Children's Rights. Journal of Law, 12(29), 81. https://journal.uii.ac.id/IUSTUM/article/viewFile/4798/4236
  17. Wayan Murjana Yasa Candra Pramana, et al., (2017). The Influence of Economic, Social and Demographic Factors on the Education of Fishermen's Children in Badung Regency, Bali. Pyramid Journal of Population and Human Resource Development, Volume XII(1), 51–58.