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.

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 Inheritance Distribution of Adopted Children in The Perspective of Customary Law and Islamic Law Compilation: Case Study of the Application of Inheritance Law in Kudus

Al-Ahkam ◽  
2019 ◽  
Vol 29 (2) ◽  
pp. 141
Author(s):  
Abdurrohman Kasdi ◽  
Khoiril Anwar
Keyword(s):  
Islamic Law ◽  
Family System ◽  
Customary Law ◽  
Comparative Approach ◽  
Adopted Children ◽  
Inheritance Law ◽  
Biological Children ◽  
The Family ◽  
The Will

This article aims to examine the position of adopted children, determine the position of adopted children's inheritance rights, as well as the application of the distribution of inheritance for adopted children in Customary Law and Compilation of Islamic Law in Kudus Regency. The method used is qualitative with a comparative approach. The results showed that the teachings of Islam did not deny the existence of adopted children as far as giving welfare and education to children. The position of adopted children in customary law is influenced by the family or family system. Their position from one region to another varies. In the case of the application of the distribution of inheritance for adopted children in adat law in Kudus District, several provisions of customary law state that the portion of adopted children is equated with the portion of biological children (if there is inheritance rights), or through the will of their adopted parents. While the application of Islamic Law Compilation in the distribution of inheritance in Kudus Regency also regulates <em>wasiat wajibah</em>, a will determined by law even though the person concerned does not inherit it.

scholarly journals THE POSITION OF ADOPTED CHILDREN AS THE HEIR OF DZAWIL ARHAM IN ISLAMIC INHERITANCE LAW SYSTEM (Study on Religious Court Verdict Number: 0002 / Pdt.P / 2013 / Pa.Kp)

2021 ◽  
Vol 2 (2) ◽  
pp. 79-97
Author(s):  
Moh Ali ◽  
M Hendarto
Keyword(s):  
Analytical Approach ◽  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
System Study ◽  
Inheritance Law ◽  
Law System ◽  
The Right

This research aims to obtain clarity on the appropriate basis of the jury's consideration to set the different classifications of adopted children in the acquisition of the property of the heirs from their adoptive parents as well as the right of an heir dzawil arham in receiving a rest distribution of inheritance as contained in the Decree of the Religious Court Number 0002 / Pdt.P / 2013 / PA.KP based on the perspective of Islamic Law. This research uses a type of Normative Law research by using legislative and an analytical approach. The results show that the determination of classification is different for Applicant I and Petitioner II adopted children in the acquisition of property inherited by their parents as contained in the Determination of Religious Court Number: 0002 / Pdt.P / 2013 / Pa.Kp is not appropriate because both applicants are not included in 10 (ten) group of heirs dzawil arham which agreed upon by the four imams of the sect and not included in group of heirs that arranged in Article 174 paragraph (1) which used as a basis by the judges

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 KAJIAN PERBANDINGAN DALAM PEMBAGIAN WARIS BERDASARKAN PADA HUKUM ISLAM DAN HUKUM ADAT

2018 ◽  
Vol 3 (1) ◽  
Author(s):  
Anwar Hidayat ◽  
M. Gary Gagarin Akbar ◽  
Deny Guntara
Keyword(s):  
Property Rights ◽  
Research Method ◽  
Islamic Law ◽  
Customary Law ◽  
Inheritance Law ◽  
Hereditary System ◽  
The Family ◽  
The Status ◽  
Approach Method ◽  
The Subject

Abstrak Pemberlakuan aturan mengenai kewarisan di Indonesia selama ini terjadi perdebatan antara para ahli hukum tentang status hukum Islam dan hukum adat.Berkaitan dengan permasalahan dalam hukum waris pada hukum Islam dan hukum Adat, maka perlu adanya kesesuaian bagi masyarakat yang akan mempergunakan masing-masing hukum tersebut dalam menyelesaian warisannya kepada sang ahli waris yang berhak. Ketentuan hukum Islam di Indonesia belum merupakan undang-undang (kodifikasi) haruslah sistematis dan prosedural, harus jelas siapa subyek dan obyeknya dan diundangkan oleh lembaga yang berwenang dalam negara. Rumusan masalah dalam penelitian ini adalah bagaimana perbandingan dalam pembagian waris berdasarkan pada hukum islam dan hukum adat. Metode penelitian ini menggunakan metode kualitatif dengan metode pendekatan yuridis empiris. Hasil penelitian yaitu Hukum waris Islam telah menempatkan atauran kewarisan dan hukum mengenai harta benda dengan sebaik-baiknya dan seadil-adilnya. Islam menetapkan hak milik seseorang atas harta, baik bagi laki-laki maupun perempuan seperti perpindahan hak milik dan perempuan pada waktu masih hidup atau perpindahan harta kepada ahli warisnya setelah ia meninggal dunia. Hukum waris adat berpangkal dari bentuk masyarakat dan sifat kekeluargaan yang terdapat di Indonesia menurut sistem keturunan, dan setiap sistem keturunan yang ada mempunyai kekhususan dalam hukum waris yang satu dengan yang lain berbeda-beda. Kata Kunci:Waris, Hukum Islam, Hukum Adat Abstract The enactment of the rules regarding inheritance in Indonesia has been a debate between legal experts about the status of Islamic law and customary law. In connection with problems in inheritance law in Islamic law and Customary law, it is necessary for the community to use each of these laws in complete the inheritance to the rightful heirs. The provisions of Islamic law in Indonesia are not yet laws (codification) must be systematic and procedural, it must be clear who the subject and object are and are promulgated by the authorized institutions in the country. The formulation of the problem in this study is how comparisons in inheritance distribution are based on Islamic law and customary law. This research method uses qualitative methods with an empirical juridical approach method. The results of the research, namely Islamic inheritance law has placed the inheritance and law regarding property as well as possible and as fair as fair. Islam establishes someone's property rights, both for men and women, such as the transfer of property rights and women while still alive or the transfer of property to his heirs after he dies. The customary inheritance law stems from the form of the community and the family character found in Indonesia according to the hereditary system, and each of the offspring systems that have specific inheritance laws is different from one another Keyword: Inheritance, Islamic Law, Customary Law

scholarly journals Akibat Hukum Pengangkatan Anak menurut Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak

2019 ◽  
Vol 6 (1) ◽  
pp. 14
Author(s):  
Adawiyah Nasution
Keyword(s):  
Child Protection ◽  
Islamic Law ◽  
Legal Protection ◽  
Field Research ◽  
Adoptive Parents ◽  
Primary Data ◽  
Adopted Children ◽  
Legal Provisions ◽  
The Right

<h1>The purpose of this study is to assess the legal provisions of the children under Law No. 23 of 2002 and to explain the consequences of the child's adoption law. In addition, to know the legal protection of adopted children under the Child Protection Act is reviewed from Islamic Law Preformance law Practice in Indonesia. To examine the matter, a descriptive study was conducted with a normative juridical approach that was conducted only on the written rules. The collection of data is derived from the literature research and supported field research studies on the appointment of Court and Civil registry office. Primary data collection tools are informant with the interview guidelines whereas data analysis is done with a qualitative approach using the logical and inductive thinking logic in the field of law. In the content of this article shows that, firstly, the consequences of child adoption generally arise with the appointment of a court by not deciding the adoption of adopted children with their biological parents, which switching is the right of custody. In the case of inheritance, the appointment of children based on the determination of the Court of Justice is entitled to the inheritance of his adoptive parents based on wills. Thirdly, with the determination of the adoption of children from the courts, the consequence is the protection of adopted children can be assured of the custody of the law and the inheritance of its adoptive parents.</h1><h1> </h1>

PENGATURAN PELAKSANAAN PASAL 209 KOMPILASI HUKUM ISLAM TENTANG WASIAT WAJIBAH TERHADAP ANAK ANGKAT MELALUI AKTA YANG DIBUAT NOTARIS DALAM BENTUK NOTARIIL

Jurnal Akta ◽  
2017 ◽  
Vol 4 (3) ◽  
pp. 433
Author(s):  
Yanuar Dwiyan Putra ◽  
Sri Endah Wahyuningsih
Keyword(s):  
Islamic Law ◽  
Adoptive Parents ◽  
Adopted Children ◽  
Adopted Child ◽  
Inheritance Law ◽  
Basic Law ◽  
The Will ◽  
Notary Public ◽  
Legal Consequences ◽  
Mandatory Provision

Research on "Implementation Arrangement of Article 209 Compilation of Islamic Law About Testament Required To Child Lift Through Notary Act Notarized In Notarial Form" aims To know and analyze the basic law of mandatory testament to adopted child in terms of Islamic inheritance law and Compilation of Islamic Law, To know and analyzing the legal consequences of the mandatory provision of the adopted child, To know and analyze the notary's responsibility as a mandatory certificate deed for adopted children.The basis of the law of provision of natural must must be preceded by the love and affection of adoptive parents to adopted children, so that parents want to be fair to their adopted children. The will is basically only given to the heirs who do not receive the inheritance due to being heaved by the heirs who are closer to the heirs. Provision of a mandatory will to an adopted child if it is based on Article 209 paragraph (2) of the Compilation of Islamic Law shall not cause any legal consequences resulting in a dispute between the adopted child and the principal heir of the heir. Because in Article 209 paragraph (2) Compilation of Islamic Law explains "Against adopted child who does not receive will is given a will as much as 1/3 of the inheritance of his adoptive parents". Notary besides being responsible in making the deed of will is also responsible in its implementation.Keywords: Wills Wajibah, Adopted Children, Compilation of Islamic Law, Notary Public

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.

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