Perlindungan Hukum terhadap Anak Angkat Atas Harta Warisan Orang Tua Angkat (Studi Putusan Mahkamah Agung Nomor 3626 K/Pdt/2016)

Abstract

Adopted children possess inheritance rights equivalent to those of biological children, as mandated by Staats Blad 1917 No. 38 Article 12, which states that adopted children are equivalent to biological children of the married couple who adopted them. In general, an adoption grants the adopted children the care and inheritance equivalent to biological children. The problems of this study include: the legal status of adopted children regarding inheritance from their adoptive parents, with reference to Supreme Court Decision No. 3626 K/Pdt/2016; the judicial considerations in providing legal protection to adopted children regarding inheritance from their adoptive parents, with reference to the Supreme Court Decision No. 3626 K/Pdt/2016; and the implications of Supreme Court Decision No 3626 K/Pdt/2016 on the legal protection of inheritance rights for adopted children in Indonesia. The study uses normative juridical approach supported by secondary data. The data are analyzed by using qualitative analytical method. The results and the discussion of the study reveal that the legal status of adopted children regarding inheritance from their adoptive parents, as referenced in Supreme Court Decision No. 3623 K/Pdt/2016 is valid and aligned with the adoption order issued by District Court Decision No. 08/Pdt.P/2003/PN Kbj dated on May 28, 2023, deciding that Rehulina Br Gurusinga as the adopted child and sole heir of Langsai Karo-Karo Gurusinga and Silo Br Sembiring. Judicial considerations in providing legal protection to the adopted child regarding inheritance from her adoptive parents, with reference to Supreme Court Decision No. 3626 K/Pdt/206, decide the status of Rehulina br Gurusinga as the adopted child and rightful heir of the inheritance. The judges consider juridical aspects which demonstrates the fact that the plaintiff is the adopted child and the sole heir of Langsai and Silo. The implication of such decision on the legal protection of inheritance rights for adopted children in Indonesia contributes to strengthening the legal protection of adopted children's regarding inheritance rights from their adoptive parents.