scholarly journals Kedudukan Anak Adopsi dalam Pewarisan Berdasarkan atas Hukum Adat Bali

2020 ◽  
Vol 1 (2) ◽  
pp. 42-46
Author(s):  
I Gede Eka Julia Artanida Wijaya
Keyword(s):  
Family Relationships ◽  
Local Community ◽  
Adoptive Parents ◽  
The Other ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Employment Relationships ◽  
Biological Parents ◽  
To Receive

The law of inheritance is a law that regulates what should happen to the deceased person's property, in other words, it regulates the transfer of property left by the deceased to the heir. In principle, only rights and obligations in the field of property law can be inherited, and it does not include rights and obligations in the field of law that cannot be inherited, such as work agreements, employment relationships, individual membership, and authorizations. This research was conducted with the aim of describing the rights and obligations of an adopted child in inheriting property by the adopted parent and the position of the adopted child in inheriting property by the adopted parent. This research was conducted using empirical legal research methods. The results of this study indicated that adopted children in Bali are entitled to receive an inheritance from their adopted parents as well as their biological parents. This is known as ma’bubun dua ma’saruran patomali. Its meaning has two kiblat oase, that is to be able to be given an inheritance from adoptive parents as well as biological parents. On the other hand, the adopted child is obliged to maintain and establish family relationships as harmonious as possible, and carry out or replace the role or obligation of the adopted father/mother to the duties of the area where he lives (local community). In addition, the position of the adopted child in the inheritance of the property by the adopted parent is equal to or completely the same when compared to the biological child. Therefore, the adopted child is also entitled to inherit the inheritance of the adopted parent.

The Toddler, the Second Adoption, Telling Children About Adoption

2016 ◽  
pp. 111-112
Author(s):  
Donald W. Winnicott
Keyword(s):  
Selection Procedure ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
First Child ◽  
Biological Parents

In this essay Winnicott discusses the psychology of adoption for parents and child. He writes that it is important to be truthful when talking to adopted children about where they come from, that the adoptive parents are not their biological parents, and that the child was made by nature, and not by magic. If the truth cannot be borne by the adoptive parents, it is very difficult for the adopted child to cope with it. He also considers that adoptive parents wanting a second adoption must go through the selection procedure and other anxieties about choosing to have the adoption, rather than being able to have a child, as it were, normally ‘by accident’. When a mother conceives a second baby, the first child has the experience of mother growing larger over a period of months unlike the case of a second adopted baby that just ‘appears’.

scholarly journals WASIAT TERHADAP HARTA PENINGGALAN UNTUK ANAK ANGKAT DIPANDANG DARI HUKUM ISLAM

2018 ◽  
Vol 3 (2) ◽  
pp. 167
Author(s):  
Ade Kurniawan Akbar
Keyword(s):  
Distribution System ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Left Behind ◽  
The Way

Abstract: Islamic jurists suggest that a will is ownership based on a person who declares a will died in the way of goodness without demanding compensation or tabarru '. In Islamic law, adopted children are not heirs, so if the adoptive parents die, the adopted child does not get a heritage. However, of course this is not fair for adopted children who are like their own children by their adoptive parents. For this reason, a will for the adopted child is needed to obtain the inheritance of the adoptive parents. The purpose of this study, namely: 1). To study and explain the provisions of Islamic law regarding testaments to inheritance. 2). To study and explain the provisions of Islamic law regarding testaments to inheritance for adopted children. This type of research belongs to the category of normative legal research. Conclusion, Many inheritance that can be inherited for adopted children is as much as 1/3 of all assets left behind, where the assets are in the distribution system that before the distribution of inheritance to the heirs is carried out, the obligatory will must be fulfilled first. In the division of obligatory wills, which have been determined according to Islamic law, what must be considered is that the part of the adopted child is a third part and must not exceed the minimum portion received by the heirs.Keywords: testament, adoption, inheritance

scholarly journals PENGATURAN WASIAT WAJIBAH TERHADAP ANAK ANGKAT MENURUT HUKUM ISLAM

2019 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Ade Kurniawan Akbar
Keyword(s):  
Islamic Law ◽  
Secondary Data ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Legal Research ◽  
Adopted Child ◽  
Inheritance Law ◽  
Positive Law ◽  
Library Research ◽  
Mandatory Requirement

Abstract: The inheritance law is an approved law regarding the transfer of assets issued by a person who is delayed and the consequences for his heirs. In a will which is also called a mandatory will, a will is usually given to people who are not heirs. Mandatory obligation is a mandatory requirement for every Muslim to provide part of the inheritance to family members needed and for adopted children. The type of research used in this journal is a normative legal research method. Normative research or library research is legal research conducted by examining library material or mere secondary data. Normative legal research is to consider the relationship between the legal sciences and positive law. Mandatory wills are made as a basis by the Compilation of Islamic Law to provide part of the inheritance's inheritance for adopted children who may not be given a will by the testator, or adoptive parents who are not given a will by the heir (adopted child). The existence of mandatory provisions in the Compilation of Islamic Law is a bridge that determines the inequality that has occurred so far between adopted children and adoptive parents who have not inherited from each other, because there is indeed no provision to inherit each other between.Keywords: Mandatory Testament; Adopted Child; Islamic law;

scholarly journals Comparison Between The Position Of Adopted Children In Islamic Law Inheritance Based On Islamic Law Compilation (KHI) With The Book Of Civil Law

Jurnal Akta ◽  
2019 ◽  
Vol 6 (3) ◽  
pp. 531
Author(s):  
Agil Aladdin ◽  
Akhmad Khisni
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Comparative Approach ◽  
Adopted Children ◽  
Adopted Child ◽  
Biological Parents ◽  
Biological Children ◽  
Similarities And Differences ◽  
Article 5

This research aims to knowing position adopted child in Islamic Law Compilation with the Book of Civil Law; and Similarities and Differences position adopted children in inheritance of Islamic Law Compilation with the Book of Civil Law; This research method using normative juridical research with comparative approach (comparative). The results were obtained conclusions from Islamic Law Compilation in terms of inheritance, uninterrupted lineage adopted children with biological parents, who turned just the responsibility of the biological parents to the adoptive parents. The adopted child does not become heir of adopted parents. In Gazette No. 129 Of 1917. In Article 5 through Article 15. The position adopted child found in Article 12 to equate a child with a legitimate child of the marriage of the lift. According to the Civil Law for the adopted child the same as for biological children. While in KHI adopted children get as much as 1/3 of the estate left by his adoptive parents (Article 209 KHI) exception has been assigned the consent of all the heirs.Keywords: Heritage; Adopted; Testament.

scholarly journals HARTA WARIS PADA ANAK ANGKAT MENURUT KOMPILASI HUKUM ISLAM DI PENGADILAN AGAMA SAMARINDA

LEGALITAS ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 1
Author(s):  
Abdul Rokhim
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Inheritance Law ◽  
Humanitarian Mission ◽  
Biological Parents ◽  
Legal Position ◽  
The Right ◽  
To Receive ◽  
General Adoption

In general, adoption according to law is the transfer of a child to adoptive parents from the biological parents in its entirety and is carried out according to legal local customs. So, the biological parents have let go of the child, and the responsibility shifts to the parents who adopted him. Although the Qur'an does not give adopted children the right to inherit from their adoptive parents, this is regulated in the Compilation of Islamic Law which is a human product from various schools of thought and made as a source of law in our country by providing provisions. that adopted children are entitled to receive a share of the inheritance.The legal position of the adopted child will result in that in general the child will have an inheritance relationship with the adoptive parents and inherit from the original parent will be removed based on Article 209 Paragraph 2 Compilation of Islamic Law (KHI), adopted children who do not receive a will will be given mandatory will. The position of adopted children according to Islamic inheritance law is not getting their inheritance rights from their adoptive parents, but still as legitimate children based on a court decision by not deciding the lineage / blood with their biological parents, because the principle of adoption according to the Islamic Law Compilation is a manifestation of faith that carrying a humanitarian mission that is manifested in the form of maintenance in its growth and development by fulfilling all its needs.Regarding the distribution of inheritance in the Compilation of Islamic Law Article 209 paragraph (2) for adopted children who do not receive a will but are given what is called a will, obligatory maximum of 1/3 (one third) of the inheritance of their adoptive parents, as stated in Article 195 paragraph (2) will allow a maximum will of only 1/3 of the inheritance unless all the heirs agree.

scholarly journals Pajak Penghasilan Atas Anak Angkat Yang Berpenghasilan

Owner ◽  
2021 ◽  
Vol 5 (2) ◽  
pp. 396-406
Author(s):  
Suparna Wijaya ◽  
Annisa Febriana Safira
Keyword(s):  
Islamic Law ◽  
Civil Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Adopted Children ◽  
Adopted Child ◽  
Earned Income ◽  
Biological Parents ◽  
Differences Of Opinion ◽  
Legal Consequences

Adoption have legal consequences for both adopted children, adoptive parents, and biological parents. The legal consequences can be seen in terms of civil law, customary law, islamic law, and also taxes. In civil law, customary law, and also islamic law, the legal consequences of adopting a child are related to the inheritance rights of an adopted child. Meanwhile, in tax the legal consequences of adopting children are related to Non-Taxable Income (PTKP) and the income of adopted children. Provisions related to inheritance rights for adopted children are very clear in the three laws, but the provisions regarding PTKP and the income of adopted children in taxes are not so clear. Based on the results of the study, it was found that there were still differences of opinion regarding PTKP and the income of adopted children. Differences related to PTKP arise when the adopted child has earned income, where the majority of interviewees argue that the adopted child can still be counted as PTKP of his adoptive parents and for the imposition of taxes on the income of the adopted child it is also combined with the adoptive parents. However, there is a opinion that when the adopted child has earned income, it will be counted as PTKP of the biological parents and for the imposition of taxes on the income of the adopted child it will also be combined with his biological parents.

scholarly journals PENETAPAN CUCU SEBAGAI ANAK ANGKAT DAN IMPLIKASINYA TERHADAP MASALAH WARIS

2014 ◽  
Vol 17 (1) ◽  
Author(s):  
Hotnidah Nasution
Keyword(s):  
Qualitative Methods ◽  
The Other ◽  
Legal Research ◽  
Adopted Child ◽  
Research Results ◽  
To Receive ◽  
Last Will And Testament

Determination of Grandson as Adopted Child and its Implications for Inheritance. An application for adoption by an Indonesian Muslim citizen of a Indonesian Muslim child was submitted to the religious court. In the determination the court found a situation where an adopted child was the biological grandchild of the applicant. The method used in this study was normative legal research. The data was analyzed with qualitative methods and explained descriptively. Research results conclude that the grandchild who was the adopted child became an heir through the washiyyah wâjibah to receive at most one third of the inheritance. If the adopted child (grandchild) serves as a substitute heir, then he is not entitled to the last will and testament unless the other heirs agree.DOI: 10.15408/ajis.v14i1.1244

scholarly journals Status Harta Waris terhadap Anak Angkat Perspektif Adat Jawa dan KHI

2019 ◽  
Vol 5 (2) ◽  
pp. 153-175
Author(s):  
Ahmad Hafid Safrudin
Keyword(s):  
Foster Parents ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Adopted Children ◽  
Adopted Child ◽  
The Family ◽  
General Order ◽  
High Level ◽  
To Receive

The presence of adopted children in the family allows for a high level of emotional bonding, which no longer separates one another. So, in time the adopted child can be counted as the person who deserves the property of foster parents after death. This is the result of what happened in the later days. In relation to the problem in this study, that the existence of the adopted child above has a position on the inheritance of treasures. According to Javanese customary law, although the child's appointment does not decide the child's relationship with the parent and adopted child does not become the child of the adoptive parents, but the adopted child is entitled to the inheritance of both the parents and the adoptive parents. Under Islamic law, although it is clear that Islam cannot accept the existence of an adopted child on his or her position on the inheritance of adoptive parents. However, KHI which is a legal written law that is applied as a special guideline for Muslims in resolving all legal issues including the position of the adopted child, in article 209 KHI explained that the adopted child is entitled to receive a testament of a general order of 1/3 from the heritage property of foster parents

scholarly journals Hukum Waris terhadap Anak Adopsi dalam Perspektif Islam

2020 ◽  
Vol 7 (1) ◽  
pp. 94-106
Author(s):  
Muhammad Lutfi Syarifuddin
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Customary Law ◽  
Best Interests ◽  
Adopted Children ◽  
Inheritance Law ◽  
Law System ◽  
Biological Parents ◽  
The Family

In practice, in Indonesia children adoption has become a public phenomenon in society and is part of the family law system because it involves individual interests in the family. In the case of adoption, parents need to pay attention to the best interests of the child and be implemented based on local customs, applicable laws and regulations, this has been regulated in Article 39 of the Child Protection Act. Adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (adoption between countries). Appointment of children must be done by legal process, through the establishment or decision of the Court. The research method is normative juridical research. Based on the research results, the inheritance Indonesian citizens rights in the Indonesian inheritance law case are implemented based on Islamic law, adopted children do not inherit from adoptive parents and remain the biological parents. Under customary law, the inheritance of adopted children depends on customary law in the area. By law adoption children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.

Nature, Nurture, and Cognitive Development from 1 to 16 Years: A Parent-Offspring Adoption Study

1997 ◽  
Vol 8 (6) ◽  
pp. 442-447 ◽  
Author(s):  
Robert Plomin ◽  
David W. Fulker ◽  
Robin Corley ◽  
John C DeFries
Keyword(s):  
Cognitive Development ◽  
Cognitive Ability ◽  
Middle Childhood ◽  
Cognitive Abilities ◽  
Verbal Ability ◽  
Adoptive Parents ◽  
Childhood And Adolescence ◽  
Adopted Children ◽  
Adoption Study ◽  
Biological Parents

Children increasingly resemble their parents in cognitive abilities from infancy through adolescence Results obtained from a 20-year longitudinal adoption study of 245 adopted children and their biological and adoptive parents, as well as 245 matched nonadoptive (control) parents and offspring, show that this increasing resemblance is due to genetic factors Adopted children resemble their adoptive parents slightly in early childhood but not at all in middle childhood or adolescence In contrast, during childhood and adolescence, adopted children become more like their biological parents, and to the same degree as children and parents in control families Although these results were strongest for general cognitive ability and verbal ability similar results were found for other specific cognitive abilities—spatial ability, speed of processing, and recognition memory These findings indicate that within this population, genes that stably affect cognitive abilities in adulthood do not all come into play until adolescence and that environmental factors that contribute to cognitive development are not correlated with parents' cognitive ability

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