RATIO DECIDENDI PENETAPAN PENGANGKATAN ANAK BERAGAMA ISLAM DI PENGADILAN NEGERI KENDAL: Analisis Putusan Nomor: 27/Pdt.p/2011/PN.Kdl

Abstract

This paper’s aim is to analyze the legal consideration of Kendal District court on the stipulation of the adopted child for Muslim after the enactment of Law No. 50 of 2009 concerning the religious courts with the focus on the ratio decidendi of the decision of Kendal District Court Number: 27/pdt.p/2011/PN.Kdl. Utilizing juridical normative work, this paper argues that the court stipulated adopted Muslim child after the enactment of Religious Court (PA) act as the judges only took serious consideration to the adoption motives and paid less attention to the religion of the child. The decision, therefore, does not meet to the principle of the best interest of the child where religion is a fundamental.