Recognition The Right Of Inheritance Of Adopted Children Based On The Ceremony Of Reason According To Balinese Hindu Customary Law In Lombok Island (Case Study of District Court Ruling Class I A Mataram Number: 46/Pdt.G/2019/PN.Mtr)

  • Ainuddin Ainuddin Fakultas Hukum Universitas Mataram

Abstract

The adoption of children under the customary law in Indonesia has a binding legal force so that it is recognized its validity. This is in line with the recognition of customary law as one of the core of the positive laws in Indonesia as stipulated in article 18 B paragraph (2) of the 1945 Constitution. In the traditional Hindu-Balinese law on Lombok island, the adoption of a child is carried out with a ceremony called the Peperasan (Balinese Ceremony). The ceremony is a sacred ceremony that will legally severe the familial relationship of a child raised with his birth parents including the issue of inherited. Tying an adopted child's relationship with his adoptive parents as heirs does not often cause legal problems in court with others who feel they have a closer kinship with the heir, especially the unclaimed validity of the extortion ceremony that has been performed. The issue raised in this study is about the consideration of the judge's law on the validity of the adoption of the child and the legal consequences in the form of inherition based on the Hindu-Balinese Customary Law.  This type of research is normative legal research. The approaches used in this study are Case Approach, Statute Approach and Conceptual Approach. Legal material collection techniques use document studies and analysis of legal materials using a deductive mindset. Based on the results of the study conducted by the author has obtained legal facts related to the judge's consideration of the recognition of the right of inheritance of adopted children based on the traditional Hindu-Balinese law on Lombok island determines that the child adopted through the Creator's Ceremony  is a child who has a legal position as the biological child of his adoptive parents. The Ceremony  has legal implications for the transfer of rights and obligations of children to their adoptive parents, including issues of inheritance, whereby the Child of The peperasan is entitled to obtain all the inheritance of his adoptive parents accompanied by the obligation to fulfill the goodness to his adoptive parents when his adoptive parents are still alive or deceased. The inheritance of the adopted child will be erased when the adopted child does not run goodness to his adoptive parents when his adoptive parents were alive or deceased.

Published
Dec 23, 2020
How to Cite
AINUDDIN, Ainuddin. Recognition The Right Of Inheritance Of Adopted Children Based On The Ceremony Of Reason According To Balinese Hindu Customary Law In Lombok Island (Case Study of District Court Ruling Class I A Mataram Number: 46/Pdt.G/2019/PN.Mtr). JURNAL UNIZAR LAW REVIEW, [S.l.], v. 3, n. 2, p. 110-120, dec. 2020. ISSN 2620-3839. Available at: <http://e-journal.unizar.ac.id/index.php/ulr/article/view/320>. Date accessed: 16 apr. 2021. doi: http://dx.doi.org/10.1234/ulr.v3i2.320.