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

Authors

  • Armi Agustar 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

DOI:

https://doi.org/10.32505/jurisprudensi.v14i2.5217

Keywords:

Right to Education, Adopted Children, Islamic Law

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.

References

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

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

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

Diadha, (2015). Parental Involvement in Early Childhood Education in Kindergarten. Edusentris, 2(1), 61. https://doi.org/10.17509/edusentris.v2i1.161

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.

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

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

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

Islam, (2016). Child Adoption (Adoption) Viewed from The Perspective Of Islamic Law. Lex Privatum, 4(5), 148464.

Manopo, (2017). Child Adoption Viewed From The Aspect Of The Protection Of Children's Rights. Lex Crimen EJournal Unsrat, 6(3), 69–77.

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

Puspitawati, Herien, (2018). Gender and Justice and Reality in Indonesia. IPB Press Publisher PT.

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

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

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

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

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.

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Published

2022-12-31

Issue

Vol. 14 No. 2 (2022): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam

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How to Cite

Shifting Rights to Education of Adopted Children in Terantang Village Perspective of Islamic Law . (2022). Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan Dan Ekonomi Islam, 14(2), 160-170. https://doi.org/10.32505/jurisprudensi.v14i2.5217

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