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VOL. 6, ISSUE 3 (2024)
Legal protection of adopted children's inheritance rights from the perspective of positive law in Indonesia: A comparative analysis
Authors
Ervianto Dwi Braviaji Wicaksono
Abstract
In the case of adopted children who are left without one of their
adoptive parents due to death, such children do not have inheritance rights.
This is due to the absence of regulations governing inheritance rights for
adopted children, both in Islamic law and civil law. This situation creates an
impression of injustice regarding the inheritance share for adopted children.
To address this issue, the Compilation of Islamic Law (KHI) through
Presidential Instruction No. 1 of 1991 (Article 209 KHI) provides protection
and guarantees inheritance rights for adopted children, namely through
obligatory wills. According to this provision, adoptive parents may allocate a
portion of their inheritance to adopted children, not exceeding 1/3 of the
total estate. The problem statement in this thesis revolves around
understanding the status of adopted children's rights in inheritance
distribution as regulated by Islamic law and civil law. It also aims to explore
the concept of welfare and legal protection for adopted children in inheritance
rights according to the Compilation of Islamic Law and civil law. The objective
of this research is to investigate the legal protection of adopted children's
rights to inheritance and their legal status based on the Compilation of
Islamic Law and civil law to ensure they receive their entitled rights as
stipulated by legislation. The research methodology employed is normative
research, also known as library research, due to its focus on literature review
and analysis of legal texts, scholarly journals, reference books, and other
relevant publications available in libraries or through internet sources. Data
analysis is conducted qualitatively through descriptive analysis. The findings
of the study reveal that there are significant differences in legal protection
for adopted children as per Islamic law and civil law. In Islam, even if a
child is adopted legally through a court decree, it does not alter the fact
that the child remains biologically connected to their birth parents; there is
no concept of severance or entry into the lineage of the adoptive parents. In
contrast, civil law reviews the position of adopted children under Government
Regulation No. 54 of 2007, which provides guidelines for adoption
implementation and the rights held by adopted children.
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Pages:136-141
How to cite this article:
Ervianto Dwi Braviaji Wicaksono "Legal protection of adopted children's inheritance rights from the perspective of positive law in Indonesia: A comparative analysis". International Journal of Law, Policy and Social Review, Vol 6, Issue 3, 2024, Pages 136-141
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