Hukum Pengangkatan Anak Dalam Pemberian Harta Peninggalan Pewaris Perspektif Kompilasi Hukum Islam Dan Hukum Perdata

Abstrak

Abstract

Adopted children often do not get inheritance rights from their adoptive parents. The Civil Code (KUHPerdata) does not provide the slightest room for adopted children to inherit directly or absolutely. This condition makes it seem as if the child has been abandoned from the family that raised him. This situation shows the absence of legal protection, legal justice plus legal certainty regarding children's rights to the inheritance of their adoptive parents. In Islamic law, adopted children are given the right to the inheritance of their adoptive parents through mandatory wills. This research is a descriptive analysis research that leads to normative legal research, with a systematic legal research approach. Based on the results of the study, it was found that in the Civil Code there is no term adopted child or adopted child. Regulations regarding adopted children can only be found in the Staatsblad of 1917 Number 129 of 1917 concerning Adoption of Children which is a complement to the Civil Code, because in the Civil Code there are no regulations governing adopted children. According to Islamic law, parenting is only intended for maintenance, not changing the child's lineage so that it changes its status to an adopted child. That the adopted child can inherit from his adoptive parents, but the important thing is not to harm other existing heirs. An adopted child who is adopted orally cannot inherit from the person who adopted him, but can be given a testamentary grant that does not deviate from the absolute share. Whereas in Balinese Hinduism, adopted children have the same position as biological children. Based on these provisions, adopted children have the right to inherit from the inheritance of their adoptive parents. In the view of Balinese Hinduism, the amount of inheritance received by an adopted child is the same as that received by a biological child.