Compliance with applicable legal procedures

Oct 13, 2025 by talynt.org 116 views

Juridical Review of the Validity of the Child's Appointment Agreement under the Hand in the Perspective of Indonesian Civil Law

Study of Decision Number 1/Pdt.G/2020/PN BLT

In the modern era of social media, it is not uncommon for people to form connections and relationships with others from different parts of the world. However, when it comes to matters of family and children, the laws and regulations of each country must be taken into consideration. In the case of a plaintiff from Batam who traveled to Blitar City to meet with the Defendant (husband and wife) he knew through Facebook, a complex issue arose regarding the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law.

The Validity of the Child's Appointment Agreement

The appointment of children under the hand often raises questions related to legal validity. In the perspective of Indonesian civil law, to ensure that the appointment of children is valid, certain processes and procedures must be obeyed. Research conducted in this context is normative, using the legislative approach and case approach. Through qualitative data analysis, it can be understood that the appointment of children without following the correct legal procedures can lead to legal consequences for all parties involved.

According to the Indonesian Civil Code, the appointment of children must be carried out through a court decision, which is a formal and binding process. However, in some cases, an agreement under the hand may be considered valid if it meets certain conditions, such as the presence of a valid intention to adopt, the consent of both parties, and the absence of any obstacles to the adoption. Nevertheless, even if an agreement under the hand is considered valid, it is still essential to carry out the process of legalizing the appointment of children through a court decision to ensure legal certainty for adopted children.

The Consequences of the Juridical Appointment of Children

One of the important findings of this study is that if the appointment of children is carried out without fulfilling the applicable legal provisions, the rights and obligations between adoptive parents and adopted children cannot be forced. That is, when there is a dispute, as in this case, the parties cannot sue each other to demand related rights. In this case, biological parents have certain limits related to their rights and responsibilities towards children who have been adopted, where all rights and obligations of biological parents turn to adoptive parents. However, there are exceptions for girls who are Muslim; They must obtain approval from biological parents or their blood relatives to get married.

The consequences of the juridical appointment of children can be severe, especially when it comes to the rights and interests of the children involved. In cases where the appointment of children is not carried out in accordance with the applicable laws and regulations, the children may be left without a clear legal status, which can lead to difficulties in accessing education, healthcare, and other essential services. Furthermore, the lack of a clear legal status can also lead to social and emotional problems for the children, as they may struggle to establish their identity and sense of belonging.

Legal Consideration of the Panel of Judges

The panel of judges in this case considers that although the agreement made is under the hand, the parties involved have fulfilled the elements of the agreement as stipulated in the applicable law. However, it is essential to note that although the agreement has several validity, adoptive parents are still required to carry out the process of legalizing the appointment of children through a court decision. This shows that even though there is an agreement under the hand, legitimacy in the form of legal decisions is still needed to ensure legal certainty for adopted children.

The panel of judges also considered the rights and interests of the children involved, taking into account the principles of the best interests of the child and the right to a family life. In this case, the panel of judges decided that the appointment of children under the hand was not valid, as it did not meet the requirements of the applicable laws and regulations. The panel of judges also emphasized the importance of carrying out the process of legalizing the appointment of children through a court decision to ensure the protection of the rights and interests of the children involved.

Conclusion

Juridical review of the child's appointment agreement under the hand in the perspective of Indonesian civil law underlines the importance of compliance with applicable legal procedures. This case emphasizes that the appointment of children is not only a matter of agreement between certain parties, but must also involve a legal process that ensures the protection of children's rights. Therefore, for those who consider the appointment of children, it is essential to consult with the authorities and follow the legal procedures set in order to obtain a clear legal validity and protect the rights of all parties involved.

In conclusion, the appointment of children under the hand is a complex issue that requires careful consideration of the applicable laws and regulations. While an agreement under the hand may be considered valid in certain circumstances, it is still essential to carry out the process of legalizing the appointment of children through a court decision to ensure legal certainty for adopted children. The consequences of the juridical appointment of children can be severe, especially when it comes to the rights and interests of the children involved. Therefore, it is crucial to prioritize the protection of children's rights and interests in all matters related to the appointment of children.

Recommendations

Based on the findings of this study, the following recommendations are made:

Compliance with applicable legal procedures: It is essential to comply with the applicable legal procedures when considering the appointment of children. This includes carrying out the process of legalizing the appointment of children through a court decision.
Consultation with authorities: It is crucial to consult with the authorities and follow the legal procedures set in order to obtain a clear legal validity and protect the rights of all parties involved.
Protection of children's rights: The protection of children's rights and interests must be prioritized in all matters related to the appointment of children.
Education and awareness: Education and awareness programs must be implemented to inform the public about the importance of complying with applicable legal procedures when considering the appointment of children.

By following these recommendations, it is possible to ensure that the appointment of children is carried out in a way that protects the rights and interests of all parties involved, particularly the children.
Frequently Asked Questions (FAQs) about the Juridical Review of the Validity of the Child's Appointment Agreement under the Hand in the Perspective of Indonesian Civil Law

Q: What is the significance of the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law?

A: The juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law is significant because it highlights the importance of complying with applicable legal procedures when considering the appointment of children. This review emphasizes that the appointment of children is not only a matter of agreement between certain parties, but must also involve a legal process that ensures the protection of children's rights.

Q: What are the consequences of the juridical appointment of children if the applicable legal provisions are not followed?

A: The consequences of the juridical appointment of children if the applicable legal provisions are not followed can be severe, especially when it comes to the rights and interests of the children involved. In cases where the appointment of children is not carried out in accordance with the applicable laws and regulations, the children may be left without a clear legal status, which can lead to difficulties in accessing education, healthcare, and other essential services.

Q: What are the essential elements of a valid agreement under the hand for the appointment of children?

A: The essential elements of a valid agreement under the hand for the appointment of children include the presence of a valid intention to adopt, the consent of both parties, and the absence of any obstacles to the adoption. However, even if an agreement under the hand is considered valid, it is still essential to carry out the process of legalizing the appointment of children through a court decision to ensure legal certainty for adopted children.

Q: What is the role of the panel of judges in the juridical review of the validity of the child's appointment agreement under the hand?

A: The panel of judges plays a crucial role in the juridical review of the validity of the child's appointment agreement under the hand. The panel of judges considers the rights and interests of the children involved, taking into account the principles of the best interests of the child and the right to a family life. In this case, the panel of judges decided that the appointment of children under the hand was not valid, as it did not meet the requirements of the applicable laws and regulations.

Q: What are the recommendations for those who consider the appointment of children?

A: The recommendations for those who consider the appointment of children include:

Compliance with applicable legal procedures: It is essential to comply with the applicable legal procedures when considering the appointment of children. This includes carrying out the process of legalizing the appointment of children through a court decision.
Consultation with authorities: It is crucial to consult with the authorities and follow the legal procedures set in order to obtain a clear legal validity and protect the rights of all parties involved.
Protection of children's rights: The protection of children's rights and interests must be prioritized in all matters related to the appointment of children.
Education and awareness: Education and awareness programs must be implemented to inform the public about the importance of complying with applicable legal procedures when considering the appointment of children.

Q: What are the implications of the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law?

A: The implications of the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law are significant. This review emphasizes the importance of complying with applicable legal procedures when considering the appointment of children, and highlights the need for education and awareness programs to inform the public about the importance of complying with applicable legal procedures.

Q: What are the future directions for research on the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law?

A: The future directions for research on the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law include:

Further analysis of the applicable laws and regulations: Further analysis of the applicable laws and regulations related to the appointment of children is necessary to ensure that the rights and interests of all parties involved are protected.
Case studies: Case studies of the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law can provide valuable insights into the complexities of this issue.
Comparative analysis: Comparative analysis of the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law with other jurisdictions can provide valuable insights into the differences and similarities between the laws and regulations of different countries.

By addressing these questions and providing answers, this article aims to provide a comprehensive understanding of the juridical review of the validity of the child's appointment agreement under the hand in the perspective of Indonesian civil law.