CD Skripsi
Perbandingan Kedudukan Anak Angkat Dalam Pewarisan Menurut Hukum Perdata Dengan Hukum Adat Minangkabau
The legal regulations concerning the right to inherit adopted children in the inheritance system in Indonesia are governed by Islamic law, customary law and Western law. Any issue that arises must be correlated with the legal basis in force and linked to the existing law. Customary law is known to have a system of affinity that is divided into three: the system of family affinities Patrilineal, Matrilineal, Parental. So for the people of Minangkabau on the principle of raising children can be done to boys and girls.
The problems studied in this research are (1) What is the position of adopted children in inheritance according to Minangkabau customary law? (2) What is the position of adopted children in inheritance according to civil law? (3) How is the comparison of the position of adopted children in inheritance according to civil law and Minangkabau customary law? The purpose of this study is to know and understand the legal consequences of child adoption on the position of inheritance according to Civil Law and Minangkabau Customary Law and to know and understand the position of inheritance of adopted children against the property of their adoptive parents.
In this research, the author usesnormative-emphiris. In collecting the data, it is supported by interviews with several related sources such as the Head of the Traditional Density of Nagari Panampuang. This research is descriptive research, namely to find out and describe the state of something about what and how the existence of legal norms and the operation of legal norms in society.
Inheritance law in Indonesia varies, so the provisions of inheritance law for adopted children depend on the inheritance law that applies to the adoptive parents (heirs). According to the Civil Code, the inheritance rights of adopted children are the same as biological children, while according to Minangkabau customary law, it depends on how the appointment of the child is carried out. In addition, the appointment of a child sometimes results in a break in the relationship between the adopted child and the biological parents, so that they cannot inherit from their biological parents. However, according to Minangkabau customary law, it does not break the blood relationship or break the relationship between the adopted child and his biological parents. Thus, adopted children may be heirs of their biological parents.
Keywords : Comparison, Child Adoption, , Minangkabau Customary Law.
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