The Inheritance Rights of Indonesian Citizens Adopted by Foreign Citizens Reviewed from Indonesian Inheritance Law

Abstract

In Indonesian adoption of children has become a necessity of the community and is part of the family legal system because it involves the interests of individuals in the family. In the case of adoption children must pay attention to the best interests of the child and be carried out based on local customs and the prevailing laws and regulations, this has been stipulated in Article 39 of the Child Protection Act. Generally,adoption of children is divided into two types, namely adoption of children between Indonesian citizens (domestic adoption) and adoption of Indonesian citizens by foreign citizens (intercountry adoption). Appointment of children must be done by legal process, namely through the establishment or decision of the Court. The research method in this research is normative juridical research. Based on the results of the study. The inheritance rights of Indonesian citizens adopted by foreign nationals in terms of Indonesian inheritance law are that based on Islamic law, adopted children do not inherit from adoptive parents and remain the heir of biological parents. Based on customary law the inheritance of adopted children depens on the customary law in the area. Based on legislation adopted children do not inherit from adoptive parents, and adopted children remain the heirs of their biological parents.