Pembagian Hak waris Bagi Anak Angkat Berdasarkan Kompilasi Hukum Islam dan KUHPerdata

Abstract

A family is the smallest relationship in a society consisting of the head of the family and several people who are gathered and live on a roof in a state of interdependence with each other. A family has an important role in human life as a social being consisting of a Father, Mother, and Son in reality not always these three elements are fulfilled. The purpose of a person carrying out the adoption of children is to continue offspring when a marriage does not obtain offspring. An adopted child is not related by blood to his adoptive parents but he is entitled to affection such as a biological child, earning a living, getting a decent education and the right to get the fulfillment of life's needs. A legal consequence of the event of the adoption of the child is regarding the status of the child as the heir of the adoptive parents, Based on the Supreme Court Circular No. 2 of 1979 concerning the adoption of the Child, that: "The ratification of the Adoption of a Child of an Indonesian citizen can only be done by a determination in the Neegeri Court and is not justified if the adoption of the child is carried out by a notarial deed legalized by the District Court". Adoption is an act in a legal event that creates a new relationship between the adoptive parents and the adopted child. In the event that the inheritance of an adopted child according to the Compilation of Islamic Law is not to let go of lineage (relatives) from his biological parents, then the adopted child does not inherit from his adoptive parents and vice versa, but the adopted child gets a mandatory will, namely a will whose implementation is not influenced or does not depend on the will or the will of the deceased shall not exceed one-third of the inheritance of his adoptive parents. Compilation of Islamic Law adopted children cannot become heirs of their adoptive parents, only obtain a will. According to Civil Law, the adoption of a child results in the transfer of the family from the biological parents to the adopting family. The status of the child is as if born from the marriage of adoptive parents. So the status of an adopted child is the same as a legitimate child. And in the law of inheritance he is also referred to as the heir to the two adoptive parents with the restriction that the adopted child is only the heir of the part that was not bequeathed. Inheritance rights according to the Staatblad, adopted children have the same inheritance rights as those of biological children.

Keywords : Right, Inheritance, Children, Islam, Civil Code