Journal of Judicial Review
Vol 20 No 1 (2018)

Hak Waris Anak Adopsi Ditinjau dari Kuhperdata dan Hukum Waris Adat Tionghoa di Kota Tanjungpinang

Florianus Yudhi Priyo Amboro (Unknown)
Suriani Suriani (Unknown)



Article Info

Publish Date
12 Jul 2018

Abstract

Pluralism Inheritance Law in Indonesia is recognized with different legal systems which are based on Indonesian Civil Code, Islamic Law and Customary Law. The implementation of the adoption with a difference rules raises different legal consequences in the case of inheritance. Chinese society basically applies Indonesian Civil Code meanwhile have the rights over the choice of law to apply the Customary Law. The issue was discussed regarding the setting up and implementation of child adoption observed from Indonesian Civil Code (Burgerlijk Wetboek) and Chinese Customary Law. The purpose of this research was conducted to find out the rules and implementation inheritance for child adoption and directs the society in the determination of the appropriate law in the implementation of the inheritance distribution. The method of research conducted by the author is normative legal research by conducting data collection techniques by means of the study of librarianship and interviews. Furthermore, data analysis is done by descriptive qualitative way to solve those problems in research. The results of the research are the child adoption has the rights to inherit adoptive parents’ heritage with the same portion along with the other heirs based on Burgerlijk Wetboek. Inheritance of Chinese Customary Law applies the principle of semi-parental with child adoption get a part smaller than the other heirs except there is another provisions attached to each family depending on the decision of the deceased by observing the condition or the child adoption’s behavior in the family.

Copyrights © 2018






Journal Info

Abbrev

jjr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

JJR is a journal which aim to publish the manuscripts of high-quality research as well as conceptual analysis that studies in any fields of Law. Articles submitted to this journal discuss contemporary legal discourses in the light of theoretical, doctrinal, multidisciplinary, empirical, and ...