TINJAUAN TENTANG HAK WARIS ANAK ANGKAT MENURUT HUKUM ADAT TIONGHOA (Studi Kasus Putusan Nomor 251/PDT/2019/PT BDG)

Abstract

Inheritance law is a law that regulates the transfer of assets left by someone
who dies and the consequences for his heirs. Adoption is an effort to transfer the
rights and obligations of children who are not original from their descendants to
be included in one family. Regarding adoption, Chinese people who were familiar
with adoption institutions based on Chinese family law prior to the enactment of
the Civil Code were very thick with adoption traditions. And this problem is also
interrelated with inheritance rights, namely how to pass on inheritance to the next
generation, and here the adopted child also has the right to inherit because his
relationship with his biological family has been severed and his relationship with
his adoptive family is like a biological child, including inheritance rights.
This type of research is classified as empirical or sociological. Empirical
or sociological legal research as research that wants to see the correlation between
law and society itself, so as to reveal the effectiveness of law enforcement in society.
The source of data in this research uses two sources, namely primary data in the
form of interviews with sources related to research and secondary data in the form
of legal literature related to research.
The results of this study there are two main things that can be concluded.
First, in Chinese custom, the regulation regarding adoption is not fixed and is based
on hereditary habits. In practice, it is usually carried out in several ways, such as
being done secretly without anyone knowing, praying to ancestors, only making
confessions or through decisions in court. Second, regarding the distribution of
inheritance, in Chinese custom, adopted children are given the same portion as
biological children, because they are considered as biological children and inherit
the clan of their adoptive father. Suggestions from the author, first, it is better
before carrying out the adoption, it is better for the parties to discuss what they
must agree on in carrying out the adoption. In addition to being carried out by
custom, it is also better to make a determination in the district court, so that the
status of the child is clear and has guaranteed legal certainty. Second, the
settlement of inheritance assets should be adjusted to the needs of the parties. If a
settlement by kinship or deliberation cannot be found, then the settlement is carried
out through the courts.
Keywords: Adopted-Inheritance Law-Chinese