Islamic Inheritance Law and Its Implications on the Rights of Adopted Children in IndonesiaPerspective on Adopted Children Enforcement in The Law of Inheritance

Megawati Atiyatunnajah, Sidik Setyawan
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Abstract

Adoption has developed into a widespread phenomenon in the context of Indonesian society. Due to the fact that adoption affects the interests of individuals within a family, adoption has been integrated into the legal framework that regulates family relationships As a result of the way it influences individual interests within the family, it has been incorporated into the legal framework governing family relationships. Article 39 of the Child Protection Law, adoptive parents must pay attention to the best interests of the child during the process, which must also be carried out in accordance with community habits, applicable laws and regulations. There are two categories of adoption in Indonesia: domestic adoption, which occurs between Indonesian citizens, and international adoption, which involves children of Indonesian citizens who are adopted by people who are not residents of Indonesia. The research method used is known as normative juridical research. This research method is used to understand and evaluate whether a legal regulation has complied with the applicable legal principles and formal requirements set by the law. The author chooses this method because it is relevant to various fields of law and generates new ideas. According to research, the inheritance rights of indigenous Indonesians are carried out based on Islamic law in situations involving Indonesian inheritance law. Adopted children are still considered biological parents and are not entitled to inherit from their adoptive parents. The local customary law system will determine how many adopted children are entitled to inheritance. Adopted children still receive inheritance from their biological parents, not from their adoptive parents because adopted children do not inherit from their adoptive parents. Increased public awareness and stricter regulations in Indonesia regarding adoption practices can help protect the rights and interests of children and promote safer and more secure adoption practices.
伊斯兰继承法及其对印度尼西亚收养儿童权利的启示——从继承法中收养儿童的执行看
在印度尼西亚社会中,收养已经发展成为一种普遍现象。由于收养影响到家庭中个人的利益,收养已被纳入调节家庭关系的法律框架。由于它影响到家庭中个人利益的方式,收养已被纳入管理家庭关系的法律框架。《儿童保护法》第三十九条规定,养父母在收养过程中必须注意孩子的最大利益,也必须按照社区习惯和适用的法律法规进行。印度尼西亚的收养分为两类:国内收养,发生在印度尼西亚公民之间;国际收养,涉及印度尼西亚公民的孩子被非印度尼西亚居民收养。所使用的研究方法被称为规范法律研究。该研究方法用于了解和评估法律法规是否符合法律规定的适用法律原则和正式要求。笔者之所以选择这种方法,是因为它与法律的各个领域相关,并产生了新的想法。根据研究,在涉及印尼继承法的情况下,印尼土著的继承权是根据伊斯兰教法行使的。被收养的孩子仍然被认为是亲生父母,他们无权继承养父母的遗产。当地习惯法体系将决定收养儿童的继承权。被收养的孩子仍然从他们的亲生父母那里继承遗产,而不是从养父母那里继承,因为养父母不继承养父母的遗产。在印度尼西亚,提高公众对收养做法的认识和更严格的规定有助于保护儿童的权利和利益,促进更安全、更可靠的收养做法。
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