Disparitas Putusan Perkara Perdata Terkait Pembatalan Penetapan Pengangkatan Anak oleh Orang Tua Angkat (Studi Putusan No. 130/Pdt.G/2017/PN.Jkt.Tim, Putusan No. 83/PDT/2018/PT.DKI dan Putusan No. 1210 K/Pdt/2019)
Disparity in Civil Case Rulings on the Annulment of Adoption Decrees by Adoptive Parents (A Study of District Court Decision No. 130/Pdt.G/2017/PN.Jkt.Tim, High Court Decision No. 83/PDT/2018/PT. DKI, and Supreme Court Decision No. 1210K/Pdt/2019)

Date
2025Author
Fajriah, Kartika Nur
Advisor(s)
Suhaidi
Ningsih, Suria
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In practice, judges hold specific legal considerations when granting or rejecting lawsuits for the annulment of adoption decrees. This study examines the following research problems: (1) the factors contributing to the disparity in adoption annulment rulings in District Court Decision No. 130/Pdt.G/2017/PN.Jkt. Tim, High Court Decision No. 83/PDT/2018/PT.DKI, and Supreme Court Decision No. 1210
K/Pdt/2019; (2) a legal analysis of adoption annulment cases in these three rulings; and (3) the legal implications concerning parental rights and obligations toward the child following the annulment of an adoption decree as determined in these rulings.
This study employs a normative juridical approach, referring to legal norms through literature review to obtain secondary data, including primary, secondary, and tertiary legal materials relevant to the research issues. The research is descriptive in nature, utilizing a literature study for data collection and qualitative methods for data analysis.
The findings reveal that the disparity in adoption annulment rulings in District Court Decision No. 130/Pdt.G/2017/PN.Jkt. Tim, High Court Decision No.
83/PDT/2018/PT.DKI, and Supreme Court Decision No. 1210 K/Pdt/2019 arises from the absence of specific regulations governing adoption annulment. Consequently, judges in these cases relied on their own legal interpretations in rendering their decisions. The legal analysis of these rulings indicates variations in judicial reasoning and application of law, highlighting the lack of a standardized legal framework for resolving adoption annulment cases.
Regarding the legal implications of a rejected adoption annulment request, the rights and obligations of parents toward the child remain unchanged as they were before the annulment attempt. The study concludes that adoptive parents seeking to annul an adoption decree must pursue legal action through the judiciary based on legally justifiable grounds. Therefore, the findings emphasize the necessity of a specific legal framework for adoption annulment to provide judges with a clear reference in adjudicating similar cases in the future.
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