KEDUDUKAN ANAK ADOPSI DITINJAU DARI HAK PEWARISAN DI INDONESIA
ABSTRACT: Already a nature of
every human being in this world of the opposite sex to live together to
continue the marriage and form a family that is happy with the goal of having
offspring that human life is lost and can not be sustained .The desire to have
a child is a human instinct , but the instinct is sometimes hampered by destiny
, where the desire to have children is not reached. Adoption is an alternative
to save marriage. The phenomenon of child adoption event is common in Indonesia
society for both the outside and the family. Law number 1 of 1974 on the
marriage does not regulate the issue of adoption or adoption agency but in
customary law has been around a long time.
In legal research, the researchers used a type of normative legal
research. Methods of research in this paper is the research literature drawn
from various sources of law. Source data used is primery data, secondary data
and tertiary data. Research is the position adopted in the case of inheritance
in Indonesia consists of 3 (three) legal systems, namely : customary law,
positive law and Islamic law thethrid law has different rules of customary law
requires each of the respective regions are some areas stipulate that adopted
children have the same status as biological children in terms of inheritance
and some areas do not provide equality in terms of inheritance so that adopted
children are not entitled to inheritance. While the positive law stipulates
that children adopted and biological children have the same position in terms
of inheritance but are not regulated clearly in legislation and in Islamic law
that arrangement contained in the law compilation islam states against adopted
children who do not receive the inheritance given was borrowed as much 1/3
inheritance adoptive parents. The legal consequances of the adoption in terms
of liability adoptive parents,they are required for the maintenance and
education of the child until the child is capable of standing alone and
adoptive parents be the legal guardian of the child since the court ruling set Suggestions
writer , First , the government should establish a rule in the form of legislation
or codification of the law governing the national adoption so that their legal
certainty . Secondly , the need for socialization regarding child adoption so
that attainment of the objectives of law and legal awareness in society in the
implementation of child adoption .
Penulis: Feby Savira Rangkuti
Kode Jurnal: jphukumdd151154
