Kedudukan Anak Angkat Dan Anak Tiri Dalam Pewarisan Menurut Prespektif Kompilasi Hukum Islam (Studi Putusan Nomor 192/Pdt.G/2015/PA.Sgt)

Aprylia, Dea (2026) Kedudukan Anak Angkat Dan Anak Tiri Dalam Pewarisan Menurut Prespektif Kompilasi Hukum Islam (Studi Putusan Nomor 192/Pdt.G/2015/PA.Sgt). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

Cases involving Islamic inheritance and wills, when it comes to the distribution of an estate, priority is given to the assets designated in the will; the remaining assets may then be distributed among the heirs in accordance with the provisions of the Indonesian Islamic Family Law (KHI). In practice, many childless parents choose to adopt a child or treat a stepchild as their biological child. Because they are regarded as biological children and the parents have no biological offspring of their own, this often leads to disputes over the distribution of the estate, with many adoptive or stepparents designating such children as heirs. Meanwhile, there are heirs who have greater legal rights under Islamic law. In Decision No. 192/Pdt.G/2015/PA.Sgt, the judge ruled to grant a portion of the inheritance as a bequest to the adopted child and the stepchild; however, the judge’s reasoning did not align with the provisions of the Compilation of Islamic Law (KHI). Consequently, this raises the research question regarding the analysis of the judge’s reasoning in light of the KHI and the legal consequences arising from this decision. Judicial considerations that do not conform to the Compilation of Islamic Law (KHI) give rise to legal consequences. These legal consequences include: adopted children continue to receive legal protection through a mandatory bequest without obtaining the status of heirs; the rights of legitimate heirs are restored through an adjustment to the distribution of the estate; and the unlawful possession of the estate is annulled. It can be affirmed that, according to the KHI, adopted children are entitled to a share through a mandatory bequest, whereas stepchildren have no inheritance rights or rights to a mandatory bequest under the law. Keywords: Inheritance; Child; Adopted; Stepchild

Item Type:

Thesis (Undergraduate)

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