ADOPTION CHILDREN WITH DIFFERENCE RELIGION IN GUARANTEE OF RELIGIOUS FREEDOM PERSPECTIVE OF THE CONSTITUTION OF THE REPUBLIC OF INDONESIA 1945 AND ISLAMIC LAW

Abstract

The problem of adopting children in same religion in Indonesia arose because of a lawsuit with case registration Number. 83/PUU-XX/2022. This case was rejected by the constitutional court in cause that there was no constitutional loss experienced by applicant in the petition. Therefore, the author wants to research how child adoption is regulated in Indonesia and analyze it using the 1945 constitution and Islamic law. The research method used of author is normative, with the type of research being normative juridical. The research approach that the author uses statutory research approach and a case approach. The results of this research indicate that the regulation of child adoption accordance with mandate contained in Article 28E paragraphs (1) and (2) of the 1945 Constitution. This is proven by opinion that every child has the right to religion and protected throughout his life. However, the provisions regarding restrictions and prohibitions on freedom of religion apply to ensure order and general welfare in society. Meanwhile, adoption of a child in Islamic law only recognizes and does not change the lineage. Even Islamic law also recommends adopting children for children welfare. There is a sentence that prospective adoptive parents must adhere the same religion as the prospective adopted child, this is not intended for any other purpose but the influence of the adoptive parent's religion on the adopted child is only one way, and if this happens it will really hurt the conscience and faith of the adopted child as well as his biological parents.