Harmonisasi Hukum Positif dan Hukum Islam dalam Status Anak Angkat: Studi Konflik Normatif dan Rekonstruksi Keadilan

Abstract

This study examines the harmonization of positive law and Islamic law in the status of adopted children with a focus on normative conflicts and justice reconstruction. Normative conflicts originate from fundamental philosophical differences: Islamic law emphasizes that the adoption of a child does not break the relationship of the nasab, so that the adopted child does not become an heir, while positive law through the Compilation of Islamic Law Article 209 paragraph (2) provides protection through a mandatory will of a maximum of one-third of the inheritance. This normative-empirical legal research uses primary legal materials in the form of laws and regulations, court decisions, and Islamic law sources, as well as secondary legal materials from reputable academic literature. The data are analyzed prescriptively with a content analysis approach to identify judges' interpretation patterns and formulate a harmonization model. The purpose of the research is to analyze normative conflicts, identify the factors that cause disharmony, and formulate a harmonization model that is able to reconstruct justice for adopted children. The results of the study show that the disharmony in the application of the law is caused by three factors: legal pluralism that applies simultaneously, differences in judges' interpretations of mandatory wills that cause disparities in judgments, and weak legal documentation in the practice of child adoption. The recommended harmonization model rests on three pillars: strengthening mandatory wills with clear standards, developing legal documentation systems through court assignments and registered wills, and strengthening judges' capacity in integrating substantive justice with legal certainty. This research contributes to the development of Islamic family law and regulatory reform related to the status of adopted children in Indonesia