Short Communication
Year: 2020 | Month: July | Volume: 7 | Issue: 7 | Pages: 212-217
The Right of the Heirs to the Adopted Child in the Property of the Adopted Parents under the Law of the Heirs in Indonesia
Laily Washliati
Lecturer of Faculty of Law, Universitas Batam- Indonesia
ABSTRACT
The adopting of a child in Indonesia until now does not have a national adoption law. There is only a provision that is a circular letter of the Supreme Court which contains guidelines and instructions for the judges to make decisions.The position of adopted children in the inheritance that will be given by adoptive parents there is a difference according to the Civil Code and the Compilation of Islamic Law. The Civil Code does not regulate the adoption of children. That has the effect that there is no adoption based on the Civil Code. Adopted children according to KHI remain as legitimate children based on court decisions by not severing blood relations with biological parents. In the Islamic Law system, the adoption of a child does not bring legal consequences in terms of blood relations and inheritance relationships with adoptive parents, the basis for using inheritance law in Islam.
Keywords: Adopted Child, Heirs, Inherence Law, Civil Code, Islamic Law
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