ANALISIS TERHADAP KEDUDUKAN HUKUM DAN HAK ANAK ANGKAT DALAM MEMPEROLAH HARTA WARIS DARI ORANG TUA ANGKATNYA

Abstract

This research was conducted to find out how the legal position and rights of adopted children in obtaining inheritance from their adoptive parents. By using normative juridical research methods by using literature studies to find out that the adoption of adopted children should be carried out with legal and correct procedures through a request for a District Court order so that their existence has legal certainty. The process of adopting adopted children that is not done properly will cause problems. This procedure should have been correct according to customary law, and correct according to civil law, so that the existence of this adopted child in terms of inheritance distribution does not cause problems. Actually the purpose of someone adopting a child is to continue the lineage. One of the legal consequences of child adoption is the status of the adopted child as the heir of the adoptive parents. This status often causes problems in the family. According to Islamic law, adopted children cannot be recognized as heirs because in Islamic law, the basic principle of Islamic inheritance is blood/lineage/heredity relations. So that the adoption of children according to Islamic inheritance law does not affect the status of adopted children, that is, if they are not their own children, they cannot inherit the assets of their adoptive parents. In addition, according to the Compilation of Islamic Law, by means of a mandatory will, a maximum of 1/3 of the inheritance of the adoptive parents. Based on the provisions in Staats Blad 1917 Number 129, adoption is an act of equalizing the position of adopted children with biological children, both in terms of maintenance and inheritance. So according to BW, adopted children have inheritance rights or the same share as biological children. Basically, inheritance law is part of the civil law applicable in Indonesia, which can be divided into 3 (three) parts, 1) foreign eastern group inheritance law, 2) customary inheritance law, 3) Islamic inheritance law. In the case of an adopted child, according to the Civil Code, the position of the adopted child is equal to that of a biological child, so that the adopted child has the right to inherit the assets of his adoptive parents.