MEKANISME PENGANGKATAN ANAK DAN AKIBAT HUKUMNYA DALAM PERSPEKTIF HUKUM ADAT KARO DAN HUKUM FIQIH ABSTRAK

In Indonesia, child adoption is governed not only by positive law but also shaped by customary law and Islamic law, each with distinct characteristics and legal consequences, particularly regarding the status of the adopted child in family relations and inheritance. This article examines the legal certainty of adoption within the Indonesian legal system, the legal consequences of adoption under Karo customary law and Islamic fiqh, and the legal protection of adopted children. The study is normative legal research with a descriptive-analytical nature, using statutory, conceptual, and comparative approaches. Legal materials were collected through library research, supported by an interview with a village head in Karo Regency, and analysed qualitatively. The findings show that legal certainty of adoption has been established through the Child Protection Law and Government Regulation Number 54 of 2007, which requires a court order. Under Karo customary law, adoption is carried out through the perkahkah bohan ceremony and places the adopted child almost on par with a biological child, including in customary inheritance rights and the continuation of the family line. Under Islamic fiqh, adoption does not alter lineage (nasab), inheritance relations, or mahram status; the adopted child therefore does not inherit automatically but may receive property through a gift (hibah) or an obligatory bequest (wasiat wajibah). Legal protection of adopted children is stronger when adoption, whether customary or fiqh-based, is accompanied by a court order.

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Publication Details

Journal
JOURNAL OF SCIENCE AND SOCIAL RESEARCH
Published
2026-11-02
DOI
https://doi.org/10.54314/bb7jq555
Primary Topic
Family and Matrimonial Law
Type
article
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article

MEKANISME PENGANGKATAN ANAK DAN AKIBAT HUKUMNYA DALAM PERSPEKTIF HUKUM ADAT KARO DAN HUKUM FIQIH ABSTRAK

Atikah Az-zahra Simbolon
JOURNAL OF SCIENCE AND SOCIAL RESEARCH
Family and Matrimonial Law
article

MEKANISME PENGANGKATAN ANAK DAN AKIBAT HUKUMNYA DALAM PERSPEKTIF HUKUM ADAT KARO DAN HUKUM FIQIH ABSTRAK

Atikah Az-zahra Simbolon
article en

Abstract

In Indonesia, child adoption is governed not only by positive law but also shaped by customary law and Islamic law, each with distinct characteristics and legal consequences, particularly regarding the status of the adopted child in family relations and inheritance. This article examines the legal certainty of adoption within the Indonesian legal system, the legal consequences of adoption under Karo customary law and Islamic fiqh, and the legal protection of adopted children. The study is normative legal research with a descriptive-analytical nature, using statutory, conceptual, and comparative approaches. Legal materials were collected through library research, supported by an interview with a village head in Karo Regency, and analysed qualitatively. The findings show that legal certainty of adoption has been established through the Child Protection Law and Government Regulation Number 54 of 2007, which requires a court order. Under Karo customary law, adoption is carried out through the perkahkah bohan ceremony and places the adopted child almost on par with a biological child, including in customary inheritance rights and the continuation of the family line. Under Islamic fiqh, adoption does not alter lineage (nasab), inheritance relations, or mahram status; the adopted child therefore does not inherit automatically but may receive property through a gift (hibah) or an obligatory bequest (wasiat wajibah). Legal protection of adopted children is stronger when adoption, whether customary or fiqh-based, is accompanied by a court order.

JOURNAL OF SCIENCE AND SOCIAL RESEARCH
Openalex Percentile: Top 5%
Family and Matrimonial Law
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MEKANISME PENGANGKATAN ANAK DAN AKIBAT HUKUMNYA DALAM PERSPEKTIF HUKUM ADAT KARO DAN HUKUM FIQIH ABSTRAK — Atikah Az-zahra Simbolon · JOURNAL OF SCIENCE AND SOCIAL RESEARCH (2026) | TGRS Research Map | TGRS