CD Skripsi

Tinjauan Yuridis Tentang Hak Waris Anak Angkat Pada Masyarakat Keturunan Tionghoa

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ABSTRACT
Inheritance law is the law that governs the transfer of property left by a person
who dies and its consequences for his heirs. One of the inheritance laws that the author
discussed in this thesis is the law of the chinese community. In terms of inheritance,
there are no standard provisions regarding the distribution of inheritance to chinese
society. However, in general the Chinese tend to use patrilineal systems or paternal
lineages. Regarding this there is a custom of Chinese society, where they generally do
the adoption of children if they do not have a son because of chinese society's belief that
the boy is considered as the successor of family descendants in the future. . In this case,
the author took the example of the Supreme Court decision No. 392 K / Pdt / 2020 and
the Supreme Court decision No. 113 K / Pdt / 2019 as a reference case for the author in
this thesis, which in both verdicts there was a dispute of inheritance experienced by
Chinese families and adopted children. The purpose of writing this thesis, namely;
First, to know the system of inheritance of adopted children in chinese communities,
and second, to know the division of inheritance for adopted children in chinese
communities.
This type of research can be classified in normative research types, because in
this study the author conducted a literature study related to the author's research. And
this research was conducted to examine legal methods in the issue of the inheritance
rights of adopted children in the Chinese community. For data sources used consist of
primary legal materials, secondary legal materials and tertiary legal materials. The
data collection technique in this study was conducted with literature studies as well as
interviews.
The results of this study are two main things that can be concluded; First,
regarding inheritance, at this time inheritance in Chinese society is no longer fixated on
the habits of its society including inheritance for adopted children, and in accordance
with the desire of parents to give it or not. Second, regarding the share of inheritance
for adopted children, there is no fixed provision when referring to chinese inheritance
law, and inheritance is divided according to family agreement. However, if the
inheritance problem continues until litigation, it is resolved by civil code or based on
the final decision of the judge. The advice of the author, First, it's good for the heir to
make a will that explains who the heirs are and how much of the inheritance is
obtained. Second, preferably, the inheritance that will be divided is agreed first by the
family, and each party is bare-chested and not greedy with the inheritance that wants to
be obtained and prioritizes how in the division of inheritance there are no problems and
can be resolved familially.
Keywords: Inheritance Law-Chinese-Adoptive Child

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 121 (0143)

Penerbit

Pekanbaru : Universitas Riau – Fakultas HUKUM – HUKUM PIDANA., 2021

Deskripsi Fisik

ix, 79 hlm.; ill.: 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 121 (0143)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PIDANA

Info Detail Spesifik

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Pernyataan Tanggungjawab

Daus

Versi lain/terkait

Lampiran Berkas

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