Tinjauan Hukum Islam dan Hukum Positif Terhadap Pengalihan Tanggung Jawab Ḥaḑanah (Studi di Panti Asuhan An-Nawawi Sukabumi, Bandar Lampung)

Abstract

The transfer of responsibilities for childcare from biological families to orphanages is a growing phenomenon due to poverty, divorce, child neglect, and parental inability to carry out their caregiving functions. The problem in this research lies in the discrepancy between the practice of transferring responsibilities for childcare and the provisions of Islamic law and Indonesian positive law, particularly regarding the legality of care and the protection of children's rights. This study aims to analyze the transfer of responsibilities for childcare at the An-Nawawi Orphanage in Sukabumi, Bandar Lampung, from the perspectives of Islamic law and Indonesian positive law. This study used a field research method with a descriptive qualitative approach. Primary data were obtained through interviews, observations, and documentation with orphanage administrators, while secondary data were obtained from literature, journals, and relevant laws and regulations. Data analysis was conducted using a descriptive-comparative approach, comparing the implementation of responsibilities for childcare in Islamic law and Indonesian positive law. The results of this study indicate that the transfer of responsibility for the care of the children at the An-Nawawi Orphanage is carried out amicably without formal legal mechanisms, yet still meets basic administrative requirements, such as family card, ID card, and others. From an Islamic legal perspective, this practice is permissible as long as it is oriented towards the welfare of the child. However, according to Indonesian positive law, this practice does not fully meet the formal legal requirements as stated in Law Number 35 of 2014 concerning child protection. Nevertheless, the orphanage has endeavored to fulfill children's rights through education, care, and moral development. This study concludes that the care practices at the orphanage substantively reflect the principles of child protection, although strengthening legality and state oversight is still needed.