Tjokorda Istri Kumari Maharatu Pemayun, S.H. (2022) Hak Mewaris Anak Angkat pada Masyarakat Adat Bali Berdasarkan Putusan Pengadilan. Thesis thesis, UNIVERSITAS AIRLANGGA,.

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Abstract

Child adoption is a legal act that diverts a child from the sphere of authority of the parents, legal guardian, or another person who is responsible for the care, education, and rearing of the child, into the family environment of the adoptive parents. Child adoption is regulated in two ways, namely, local customs and laws and regulations. The legal standing of adopted children in the family is still often questioned and doubted so that when adopted children are in inheritance dispute, they must be able to prove their position as heirs by proving the legitimacy of the adoption process carried out, both through Balinese customary law and national law. This research is legal research that uses a statutory approach, a conceptual approach, and a case approach. This thesis analyses the inheritance rights of adopted children to the inheritance of adoptive parents in Balinese society and the ratio decidendi of court decisions by judges in deciding the legitimacy of adopted children in relation to being heirs in Supreme Court Decision No. 1006K/Pdt/2015, Supreme Court Decision Number 347K/Pdt/2015, and Supreme Court Decision No. 3568K/Pdt/2020. The adoption of children in Balinese society which is carried out in accordance with the paperasan ceremony, Balinese customary law which is then requested for a court order provides legal certainty and stronger legal protection for adopted children to maintain their position as legal children and heirs in inheritance disputes. The inheritance rights of adopted children in Balinese society, namely adopted children have the same position as biological children as heirs because they have gone through the process of the widiwidana/sentana paperasan ceremony where this ceremony is witnessed by the Almighty and reports that there has been a transfer of rights both spiritually and internationally. the natural world, the surrender is outwardly and inwardly. The thing that is more important in the inheritance system in Balinese society is that it is based on the burden of swadharma (obligations) that is borne. If someone runs swadharma in full, then his rights are also full. For the individuals who are not possible to carry out swadharma or responsibilities, are considered not entitled to inheritance. The judge in deciding the right of inheritance to an adopted child in Balinese society is determined by the legitimacy of the adoption.

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