PENYELESAIAN SENGKETA HAK MEWARIS ANAK ANGKAT TERHADAP HARTA ORANG TUA ANGKATNYA: Studi Putusan Mahkamah Agung Nomor 2830 K/Pdt./2015
In Indonesia, the legal basis for adopting children is regulated in Government Regulation Number 54 of 2007 concerning Adoption. This regulation defines an adopted child as a child whose rights are transferred from the family environment of the parents, legal guardians, or other persons responsible...
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2023-07-14.
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| Summary: | In Indonesia, the legal basis for adopting children is regulated in Government Regulation Number 54 of 2007 concerning Adoption. This regulation defines an adopted child as a child whose rights are transferred from the family environment of the parents, legal guardians, or other persons responsible for the care, education and upbringing of the child into the family environment of the adoptive parents based on a decision or court order. This study aims to determine the inheritance rights of adopted children to their adoptive parents' assets based on civil law and to provide a juridical analysis of the settlement of inheritance rights disputes in the Decision of the Supreme Court Judge Number 2830 K/Pdt./2015 based on the principle of legal certainty. The type of research used by the author in this study is to use normative juridical research. Methods of data collection in this study using the technique of literature study and case studies. Based on the results of the research and discussion, it can be concluded that the inheritance rights of adopted children to their legal parents can be reviewed according to Staatblad 129 of 1917 and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, but children The adoptee has the opportunity to inherit through a will (to will). In an application for determination of heirs or making a certificate of inheritance, all heirs must be involved in the application as stipulated in Article 833 of the Civil Code. Settlement of disputes related to the inheritance rights of adopted children against the assets of their adoptive parents in the Supreme Court Judge's Decision Number 2830 K/Pdt./2015 has fulfilled the principle of legal certainty. This is in accordance with the provisions in Article 178 paragraph (1) HIR and Articles 913-929 of the Civil Code. |
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| Item Description: | http://repository.upnvj.ac.id/26734/1/ABSTRAK.pdf http://repository.upnvj.ac.id/26734/13/AWAL.pdf http://repository.upnvj.ac.id/26734/3/BAB%20I.pdf http://repository.upnvj.ac.id/26734/4/BAB%20II.pdf http://repository.upnvj.ac.id/26734/5/BAB%20III.pdf http://repository.upnvj.ac.id/26734/6/BAB%20IV.pdf http://repository.upnvj.ac.id/26734/7/BAB%20V.pdf http://repository.upnvj.ac.id/26734/8/DAFTAR%20PUSTAKA.pdf http://repository.upnvj.ac.id/26734/9/RIWAYAT%20HIDUP.pdf http://repository.upnvj.ac.id/26734/10/LAMPIRAN.pdf http://repository.upnvj.ac.id/26734/11/HASIL%20PLAGIARISME.pdf http://repository.upnvj.ac.id/26734/12/ARTIKEL%20KI.pdf |