Legal Protection for the Inheritance of Adopted Children in Sabu Raijua Regency Which Reflects the Value of Justice

Pau, Petrus Haba (2020) Legal Protection for the Inheritance of Adopted Children in Sabu Raijua Regency Which Reflects the Value of Justice. Undergraduate thesis, Untag 1945 Surabaya.

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Abstract

The adoption of all children is governed by the Republic of Indonesia government regulation number 54 of 2007 concerning Implementation of Child Appointment. The adoption of a child is a legal act that transfers a child from the authority of a legal parent into the family of an adoptive parent. Adoption of children, both legal and customary law, is categorized as a legal act, so there is a legal relationship. This type of research is a normative law with legislation and conceptual approach and sumber and type of legal materials, namely primary, secondary, and tertiary. Customary law of Savu is slightly different from national law, especially in the distribution of inheritance, it is indeed not written or there is no will from adoptive parents, causing problems from relatives because it does not have a strong legal basis. Cases that often occur in Sabu Raijua Regency, adopted children are not given any inheritance at all. Customary law as part of a large law consists of provisions that are not written ("uku rai") has a dynamic nature in accordance with changes and developments in society. Customary in Sabu Raijua Regency, still adheres to the patrilineal kinship system. Based on the results of the study, arrangements regarding adopted children can only be found in Staatsblad in 1917 number 129 concerning adoption of children to perfect the legal vacuum. Inheritance given by adopted parents to adopted children may not be verbally, but can be given a will that does not deviate from Ligitime portie. Thus the adopted child does not obtain legal certainty related to the inheritance rights of his adoptive parents or the inheritance of the adoptive parents, because it is still dependent on other parties.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Legal protection, adopted children, Fair value
Subjects: K Law > K Law (General)
Divisions: Fakultas Hukum > Program Studi Ilmu Hukum
Depositing User: Didik Ahmad
Date Deposited: 04 Apr 2022 04:48
Last Modified: 04 Apr 2022 04:48
URI: http://repository.untag-sby.ac.id/id/eprint/15441

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