.jpg)
According to Salim (1987) adopted the word is derived from the word "adopt" in English that means picking up and take. There are several different definitions of several different sources associated with the term adoption. This difference is due to the use of the term child adoption according to the conditions and situation of a particular society as the parties relating to the implementation of adoption. However, although different, are complementary whole definition so as to provide a more complete definition of depth on child adoption.
The first definition is the definition of child adoption simplest ie, removal of other people's children to be children themselves by legal process (Salim, 1991). Further understanding of the adoption of children is defined more broadly as formal adoption and passed through a court decision, so that children's rights are legally recognized, especially in the division of property (Magazine Graceful, P.18, October, 2005), whereas Gosita (2004) more complex definition of adoption is that the adoption of a child is an act of taking other people's children to be maintained and its derivatives are treated as children themselves, pursuant to the terms and conditions agreed and valid under applicable law in the society concerned. Based on the above definition can be concluded that the term adoption of children is identical with legal procedures, so that the child can be regarded as an adopted child if the adoption process is done by the applicable law.
As for the first problem is, how the requirements of adoption under civil law? Second, if the adopted child (adoption) have inheritance rights to adoptive parents? Third, if entitled to inherit, what is the share received by the foster child (adoption) it?
Based on these problems are expected to be useful in adding to the treasures of knowledge regarding inheritance adoption in terms of civil law (BW). In practice, this study is expected to be useful as a guide for the community, especially the adoptive parents and the adopted child of the rights and status as well as their respective obligations, especially regarding inheritance (inheritance).
This research is descriptive for trying to describe or explain about the inheritance relationship and application of adopted children. The method used in the form of documentary studies, because the data source is obtained from a document in the form of books and scientific findings (seminars, discussions, etc.) that are associated with this problem. In the data analysis, the method used is descriptive method for searching for an overview of the adopted child, the appointment and inheritance rights of adopted children of inheritance according to civil law.
As for the first problem is, how the requirements of adoption under civil law? Second, if the adopted child (adoption) have inheritance rights to adoptive parents? Third, if entitled to inherit, what is the share received by the foster child (adoption) it?
Based on these problems are expected to be useful in adding to the treasures of knowledge regarding inheritance adoption in terms of civil law (BW). In practice, this study is expected to be useful as a guide for the community, especially the adoptive parents and the adopted child of the rights and status as well as their respective obligations, especially regarding inheritance (inheritance).
This research is descriptive for trying to describe or explain about the inheritance relationship and application of adopted children. The method used in the form of documentary studies, because the data source is obtained from a document in the form of books and scientific findings (seminars, discussions, etc.) that are associated with this problem. In the data analysis, the method used is descriptive method for searching for an overview of the adopted child, the appointment and inheritance rights of adopted children of inheritance according to civil law.
Understanding Children
Child is a gift and the mandate given by God Almighty. Therefore the child as a mandate from God to be constantly maintained and protected by the family, community, country because in a child's inherent rights of children who are part of the human rights contained in the 1945 Constitution and the UN convention on the rights of the child. Law 39 Year 1999 on Human Rights has been included on children's rights, implementation of the obligations and responsibilities of parents, families, communities, governments, and the state to provide protection to children.
Child is heir to the family lineage as well successor. Therefore, if the marriage has not been or are not blessed with children, then held adoption or adoption. The notion of adoption can be viewed in etymology, terminology, and according to legal experts. According to Salim (1987) is derived from the word adoption adopt in the English language that means picking up and take. There are several different definitions of several different sources associated with the term adoption. This difference is due to the use of the term child adoption according to the conditions and situation of a particular society as the parties relating to the implementation of adoption. However, although different, are complementary whole definition so as to provide a more complete definition of depth on child adoption.
The first definition is the definition of child adoption simplest ie, removal of other people's children to be children themselves by legal process (Salim, 1991). Further understanding of the adoption of children is defined more broadly as formal adoption and passed through a court decision, so that children's rights are legally recognized, especially in the division of property (Magazine Graceful, P.18, October, 2005), whereas Gosita (2004) more complex definition of adoption is that the adoption of a child is an act of taking other people's children to be maintained and its derivatives are treated as children themselves, pursuant to the terms and conditions agreed and valid under applicable law in the society concerned. Based on the above definition can be concluded that the term adoption of children is identical with legal procedures, so that the child can be regarded as an adopted child if the adoption process is done by the applicable law.
Adopted According to the Civil / BW
In the book of the Law on Civil West (Civil Code), we did not find the conditions governing the issue of adoption or foster child of this, there are provisions for recognition only child outside marriage, which is as set out in the first book chapter XII BW third section, Articles 280 to 289, on the recognition of children outside of marriage. This provision may in say nothing at all to do with the adoption of this problem. Therefore, the book of the Law of Civil Law West does not know it's adoption, it is for the people of the Netherlands until now can not legally charge a child, only well received by the Staten General Nerderland an Adoption Act. It means that the artificial family has known and performed throughout the world as a fashion / how to obtain a position in primitive societies, whether on the grounds of consanguinity or regarded as if no consanguinity. With this artificial family of strangers can be treated as one of the family members. Many ways are in use for this, the most famous ceremony was the presentation of the blood (the blood covenant).
The rationale for the receipt of the Act is that after World War II, in which the whole of Europe raised new human groups, parents who have lost a child who can not have children anymore fairly new, orphan children who have lost parents in the war, and more children born outside marriage. On a basis that is, the Staten General Nedeland have received either an Act of adoption (adoptie wet) which opens unlimited possibilities for this adoption.
Adoption is one of the said act of civil human actions that are part of family law, with this involving issues of each relating to human relationships. However this number of adoption agencies to follow the development of the community itself, which must move towards progress.
Thus, because of the demands of society even though the Civil Code. Does not regulate this adoption, the Dutch East Indies government tried to create rules that consist of this adoption. Because that is issued by the Dutch Government Statute No. 129 of 1917, in particular Article 5 and Article 15.
Article 5 Article 129 Saatsblad 1917 set about anyone who adopt, namely paragraph 1 states that "a man is not married or have been married male offspring legitimate in the male line, either by birth or descent descent by birth or descent because force, the so-so he appointed a man as his son ". Paragraph 2 mentioned that "the adoption must be done by the man, together with his wife, or if it is done with the marriage by her own". While paragraph 3 states, "if the widow who has not remarried, by all who have died, not on leave as a descendant of the corresponding paragraph of this article unity, then so-so he appointed a man as his son".
In chapters 6 and 7 set who can be adopted. Article 6 may be adopted only in the Chinese men beristripun not be childless, and who does not have the lift by others. Article 7, paragraph 1 states: "the person appointed to be 18 years younger than her husband and in at least 15 years younger than the wife or widow who raised it. While paragraph 2 suggests, that if it raised a family of blood, both legal as well as in the family outside marriage", whereas for girls firmly article 15, paragraph 2 suggests: "the appointment of the girls and the appointment of another way of on how to make an authentic deed is void because the law".
The procedure for adoption is governed by Article 8 to 10 Saatsblad 1917 number 129. In Article 8 states that children raised four requirements: Approval of people who adopt a child :
The rationale for the receipt of the Act is that after World War II, in which the whole of Europe raised new human groups, parents who have lost a child who can not have children anymore fairly new, orphan children who have lost parents in the war, and more children born outside marriage. On a basis that is, the Staten General Nedeland have received either an Act of adoption (adoptie wet) which opens unlimited possibilities for this adoption.
Adoption is one of the said act of civil human actions that are part of family law, with this involving issues of each relating to human relationships. However this number of adoption agencies to follow the development of the community itself, which must move towards progress.
Thus, because of the demands of society even though the Civil Code. Does not regulate this adoption, the Dutch East Indies government tried to create rules that consist of this adoption. Because that is issued by the Dutch Government Statute No. 129 of 1917, in particular Article 5 and Article 15.
Article 5 Article 129 Saatsblad 1917 set about anyone who adopt, namely paragraph 1 states that "a man is not married or have been married male offspring legitimate in the male line, either by birth or descent descent by birth or descent because force, the so-so he appointed a man as his son ". Paragraph 2 mentioned that "the adoption must be done by the man, together with his wife, or if it is done with the marriage by her own". While paragraph 3 states, "if the widow who has not remarried, by all who have died, not on leave as a descendant of the corresponding paragraph of this article unity, then so-so he appointed a man as his son".
In chapters 6 and 7 set who can be adopted. Article 6 may be adopted only in the Chinese men beristripun not be childless, and who does not have the lift by others. Article 7, paragraph 1 states: "the person appointed to be 18 years younger than her husband and in at least 15 years younger than the wife or widow who raised it. While paragraph 2 suggests, that if it raised a family of blood, both legal as well as in the family outside marriage", whereas for girls firmly article 15, paragraph 2 suggests: "the appointment of the girls and the appointment of another way of on how to make an authentic deed is void because the law".
The procedure for adoption is governed by Article 8 to 10 Saatsblad 1917 number 129. In Article 8 states that children raised four requirements: Approval of people who adopt a child :
- If the adopted child is the legitimate child of his parents, it is necessary to permit the old man; if his father had died and his mother married again, then there must be consent of her guardian and ruler hall legacy as trustee;
- If the adopted child was born outside of marriage, it would require permission from parents who acknowledge a child, then there must be consent of her guardian and the legacy of the hall;
- If the child to be raised was already 19 years old, it would require the consent of the child itself;
- If which will raise the widow's son, it must be approved by the brother and the father of her husband almarhuma, or no brother of the father who is still alive, or if they are not settled in Indonesia, it must be approved by members men of the family almarhuma her husband in the male line to the fourth degree.
According to article 10, the appointment of an adopted child is to be done by notarial deed.
Meanwhile, regarding the issue of the legal consequences of adoption set out in article 11, 12, 13, and 14. In chapter 11 of the surnames of people who adopt a child, the names also became the name of the adopted child. Article 12 equate a child with a legitimate child of the marriage of the lift. Article 13 obliges hall treasures what if there was a widow who raised the child, take the necessary measures in order to take care of and salvage items from the child's wealth. Article 14, an adoption decision resulted in the legal relationship between the adopted child and the parents themselves, except:
Meanwhile, regarding the issue of the legal consequences of adoption set out in article 11, 12, 13, and 14. In chapter 11 of the surnames of people who adopt a child, the names also became the name of the adopted child. Article 12 equate a child with a legitimate child of the marriage of the lift. Article 13 obliges hall treasures what if there was a widow who raised the child, take the necessary measures in order to take care of and salvage items from the child's wealth. Article 14, an adoption decision resulted in the legal relationship between the adopted child and the parents themselves, except:
- Regarding marriage ban based on a rope family;
- Regarding the rules of criminal law which is based on family ties;
- Regarding the calculation of the cost of the case in front of judges and hostage-taking;
- Regarding proof by a witness;
- Regarding act as a witness;
In relation to the issue of the cancellation of an adoption is only one chapter of the set, namely Article 15 Sataatsblad 1917 number 129 which determines that an adoption can not be canceled by the person concerned himself. Then the removal of girls or other removal of children from the notarial deed, is automatically canceled. Then also determined that the adoption can be canceled, if it is contrary to Article 5, 6, 7, 8, 9, and 10, paragraph 2 and 3 Saatsblad 1917 number 129.
Position Adopted as Heir
Arrangements about who has the position as heir, has been determined based on the relation descent or blood relationship / ab-instentato and based Testaminteir Erfrecht. Foster child does not have a familial attachment in a straight line or a blood relationship with Adoptan. Thus, the position of this kind, which is made possible by the law is that he could be part of the heir when he was appointed or designated based testamentdari erflater. However, as the existence of a new regulation that is SEMA No. Law No. 6/1983 Jis 23/1992 Jo. PP 54/2007 which is associated with the notion of BW on the positions of children outside marriage, then the adopted child is a child outside marriage recognized by law. The logical consequence of these arrangements is that this child has a position as heir as specified in Article 852 BW, which reads: "The children or descendants, though born of different marriages, inherited the legacy of their parents, grandparents they, or their families further blood in the line up, regardless of gender or birth first. They inherit the parts equal the head for the sake of the head, when the dead they all bertatian the family in the first degree and each is entitled for himself; they inherited a stake stake sake, if they are all or partially inherited as a substitute. (Civil Code d. 141, 277 ff., 840 ff., 846, 864, 1060.) "
This implies that the Adopted have accrued as Legitimie portie for any treasure Heirs Inheritance and as absolute. By its nature, the protection of children in the field of civil law covers many aspects of the law, including:
Position Adopted as Heir
Arrangements about who has the position as heir, has been determined based on the relation descent or blood relationship / ab-instentato and based Testaminteir Erfrecht. Foster child does not have a familial attachment in a straight line or a blood relationship with Adoptan. Thus, the position of this kind, which is made possible by the law is that he could be part of the heir when he was appointed or designated based testamentdari erflater. However, as the existence of a new regulation that is SEMA No. Law No. 6/1983 Jis 23/1992 Jo. PP 54/2007 which is associated with the notion of BW on the positions of children outside marriage, then the adopted child is a child outside marriage recognized by law. The logical consequence of these arrangements is that this child has a position as heir as specified in Article 852 BW, which reads: "The children or descendants, though born of different marriages, inherited the legacy of their parents, grandparents they, or their families further blood in the line up, regardless of gender or birth first. They inherit the parts equal the head for the sake of the head, when the dead they all bertatian the family in the first degree and each is entitled for himself; they inherited a stake stake sake, if they are all or partially inherited as a substitute. (Civil Code d. 141, 277 ff., 840 ff., 846, 864, 1060.) "
This implies that the Adopted have accrued as Legitimie portie for any treasure Heirs Inheritance and as absolute. By its nature, the protection of children in the field of civil law covers many aspects of the law, including:
- Position the child
- Recognition children
- Adoption (adoption)
- Maturation
- Foster the power of (rights and obligations) of parents of children
- Removal and restoration power of foster parents
- Guardianship (including inheritance)
- Actions that can be taken to arrange for child protection
- Children living expenses borne by parents due to divorce (alimony).
Basically, inheritance is a legal action arising out of legal events, which in the rule of law is set. Therefore, the principle must take precedence portie Legitimie inherited rights, that the provisions of Article 852 BW is a form of the right to inherit the estate of a foster child who has been legally recognized by law, even if it is not based on a written testament of erflater.
Closing
Foster child is a child that is a result of an act of someone taking / making another person as his son without releasing the child familial bond of the original parent, whether he was a child (immature) or an adult, have the same responsibility with the adoption of this . Regarding adopted children pengngkatan manner stipulated in Statute No. 129 of 1917, in particular Article 5 and Article 15.
Code of Civil Law (Burgerlijk Wetboek), which is contained in the articles that regulate the absolute part by the Act included in the section on the right of testamentary heir (testamentair erfrecht), which provides in Article 913, 914, 916 and so on .
The authorities should always conduct a thorough scrutiny of the issue of adoption, so that removal of the child actually based on humanitarian grounds high in the spirit of Indonesian culture, in order to avoid adoption (adoption) with specific purposes or covert .
The author also suggests the existence of a variety of rules governing the issue of adoption (adoption) of this. So it is necessary to set up a legislation that are specifically national governing adoption and the position adopted children as heirs. (Wa-one quoted from various sources)
Closing
Foster child is a child that is a result of an act of someone taking / making another person as his son without releasing the child familial bond of the original parent, whether he was a child (immature) or an adult, have the same responsibility with the adoption of this . Regarding adopted children pengngkatan manner stipulated in Statute No. 129 of 1917, in particular Article 5 and Article 15.
Code of Civil Law (Burgerlijk Wetboek), which is contained in the articles that regulate the absolute part by the Act included in the section on the right of testamentary heir (testamentair erfrecht), which provides in Article 913, 914, 916 and so on .
The authorities should always conduct a thorough scrutiny of the issue of adoption, so that removal of the child actually based on humanitarian grounds high in the spirit of Indonesian culture, in order to avoid adoption (adoption) with specific purposes or covert .
The author also suggests the existence of a variety of rules governing the issue of adoption (adoption) of this. So it is necessary to set up a legislation that are specifically national governing adoption and the position adopted children as heirs. (Wa-one quoted from various sources)
Post a Comment