KEDUDUKAN ANAK ANGKAT TERHADAP HARTA WARISAN ORANG TUA ANGKATNYA BERDASARKAN HUKUM ADAT KAMPAR DI DESA EMPAT BALAI KECAMATAN KUOK

Abstract

Based on Article 1 of Act Number 1 Concerning Marriage, it is started
that Marriage is a spiritual bond between a man with a woman as husband and
wife with the aim of forming a family (a happy and eternal household based on
the Almighty God). The presence of a child is a gift and a complement to the
family. But, if a husband and wife do not have children, there is another
alternative, namely the adoption of children. The purpose of writing this thesis
is, first, to find out how the position of adopted children to the inheritance of
adoptive is based on Kampar Customary Law. Second, to find out the proses of
settlement of disputes on inheritance of adoptive parents againts their adopted
children based on Kampar Customary Law.
The type of research can be classified in the type of Sosiological Law
research that is research on the location or place studied. This research was
conduced in the Four Village, Kuok Sub-District, Kampar District, Riau
Province, which is a research to see the correlation between customary law
prevailing in the midst of society. From the results of this research there are
two things that can be concluded. First, the position of adopted children in
costumary law is the same as biological children. Secondly, in settlement of
disputes that occur within the costum law’s community, assostance is requested
from the community or Ninik Mamak from each tribe to settle disputes or find a
solution to the problem of the child.
This the right inherit to adopted children against their adoptive parents
still applient in the Kampar Costumary Law based on the Kampar Costumary
philosophy, namely: the law in encoded Syara’, syara’ encoded in the
kitabullah. The authors suggestion, first, the adopted child should respect his
adoptive parents like biological child of the family. Second, the role of Ninik
Mamak i resolving child disputes must be more active in order to avoid
ongoing disputes.