Kedudukan Hukum Anak Angkat Warga Negara Asing terhadap Harta Warisan Orang Tua Berkewarganegaraan Asing di Indonesia Berdasarkan Wasiat (Studi Putusan Nomor 486/K/PDT/2020)

Abstract

Adoption is a legal act in which a child is taken into a family, establishing a legal relationship between the adoptive parents and the adopted child. This study aims to examine and analyze the procedures and legal norms of adoption in Indonesia, the legal norms governing the adoption of foreign national children by foreign nationals based on an authentic adoption deed in Indonesia, and the legal status of adopted foreign children concerning inheritance from foreign national parents obtained through a will (Case Study of Decision No. 486/K/PDT/2020). This research employs a normative juridical approach with a descriptive- analytical method. The data used is secondary data obtained through a literature study (document analysis). The findings indicate that the procedures and legal norms of adoption in Indonesia have evolved from customary systems to a more structured legal system involving strict legislative regulations, especially in cases of intercountry adoption. The legal norms governing the adoption of foreign national children by foreign nationals in Indonesia based on an authentic adoption deed are not explicitly regulated under Indonesian law, thus requiring the application of international legal provisions adopted by Indonesia. An authentic adoption deed does not automatically transfer the rights of the adopted child, as legal validation still requires a court ruling. The legal status of an adopted foreign child concerning the inheritance of their adoptive parents obtained through a will, as seen in Decision No. 486/K/PDT/2020, is subject to Indonesian inheritance law. In this case, the legal status of the adopted foreign child concerning the inheritance stated in the authentic deed was not recognized, aligning with the court's decision to overturn the previous high court ruling.