Child Adoption in Sukorejo Village: An Empirical-Normative Analysis of Islamic Law and Adoption Regulation

Abstract

The purpose of this study is to analyze child adoption practices in Sukorejo Village, Banyuwangi, from the dual perspectives of Islamic law and Government Regulation Number 54 of 2007. This study employs a qualitative methodology, organizing and categorizing field data to draw definitive conclusions. Methodologically, it integrates both empirical and normative juridical approaches. The findings reveal that under Islamic law, child adoption in Sukorejo Village remains permissible provided it does not violate fundamental Islamic tenets, such as altering the child's lineage (nasab). However, such customary practices lack formal statutory legality. Conversely, a juridical review under Government Regulation (PP) No. 54 of 2007 indicates that the village’s prevalent informal, family-based adoption practice—conducted without a formal court order—is legally invalid and violates statutory provisions. This informality directly undermines the administrative legality, civil status, and legal protection of the adopted children. Therefore, formal adoption procedures are essential to ensure legal certainty, safeguard children's rights, and prevent potential disputes concerning inheritance and family relationships.