How to cite:
Ning Adiasih. (2022). The Position of Adopted Children (Mangain) in
Obtaining the Status of the Heirther According to the Batak Toba
Traditional Instruction Law. Journal of Eduvest. Vol 2(9): Page 1687-
1700
E-ISSN:
2775-3727
Published by:
https://greenpublisher.id/
Eduvest – Journal of Universal Studies
Volume 2 Number 9, September, 2022
p- ISSN 2775-3735 - e-ISSN 2775-3727
THE POSITION OF ADOPTED CHILDREN (
MANGAIN
) IN
OBTAINING THE STATUS OF THE HEIRTHER ACCORDING
TO THE BATAK TOBA TRADITIONAL INSTRUCTION LAW
ABSTRACT
The adoption of adopted children in the Toba Batak
community is carried out in an open and cash way. The main
reason in the Toba Batak community is the absence of
descendants. The indigenous Batak Toba community itself
adheres to a patrilineal system that is based on male/father
lineage. The requirements for adopting children by the Toba
Batak indigenous people are carried out according to the
customs of the indigenous people, by carrying out a
traditional ceremony "dirajahon" in front of dalihan na tolu,
traditional leaders / leaders, and local indigenous people by
giving ulos parompa (carpet) and dekke sitio. tio (carp) as
evidence of an inauguration in the process of the traditional
ceremony. The position of an adopted child is basically legal
to become an heir and his rights are equal to the position of a
biological child, because according to the customary
inheritance law of the Toba Batak with evidence of the
existence of the traditional ceremony, an adopted child is
legally the heir of his adoptive parents himself, without the
need for tools. evidence as well as a deed. Adopted children
have the right to joint property and inheritance from their
adoptive parents
KEYWORDS
Adapted Children, Status Of Batak Toba Traditional
Heritages
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INTRODUCTION
Inheritance law in Indonesia is still plural, this happens because Indonesia
does not yet have a National Inheritance Law that applies to all Indonesian people.
In connection with the absence of such a law, so in Indonesia, pluralistic
inheritance laws still apply, namely; Customary Inheritance Law, for Indonesian
citizens; Islamic Inheritance Law, for native Indonesian citizens in various regions
and certain circles who have the influence of Islamic religious law; Western
Inheritance Law, for Indonesian citizens of Chinese and European descent based
on the Western Civil Code (Wiranata & SH, 2005) .
In customary law itself, there are three inheritance systems, namely, the
collective inheritance system, the majority inheritance system and the individual
inheritance system (Suhaidi & Suka'arsana, 2020) . In the collective inheritance
system, the inheritance is passed on and its ownership is transferred from the heir
to the heir as a unit that cannot be divided into control and ownership. In the
majorat inheritance system, it is actually a collective inheritance system, only the
forwarding and transfer of ownership rights over undivided property is delegated
to the eldest child who serves as the head of the household or the head of the
family replacing the position of the father and mother as the head of the family
(Sudiyat, 2007) . In an individual or individual inheritance system, it is an
inheritance system where each heir gets a division to be able to control and or
own inheritance according to their respective parts (Imam, 1981) .
The most important thing in the issue of inheritance is the existence of
elements which are absolute elements, namely; An inheritor on death leaves
property; One or several heirs who are entitled to receive the property left behind;
Inheritance or inheritance, namely wealth left by the heir and once transferred to
the heir (Soimin, 2007).
Law No. 1 of 1974 concerning Marriage in Article 1 explains that
marriage is an inner and outer bond between a man and a woman as husband and
wife with the aim of forming a happy and eternal family or household based on
God Almighty. One of the purposes of marriage is to have children. A marriage
bond can be said to be imperfect if it does not have children. This is because
having offspring in the marriage bond has a great influence in the marriage
(Soepomo, 1987) .
In essence, all couples want the presence of a child in the midst of their
family. The fact is that not all couples in the family are blessed with offspring in a
household bond, some have children and some do not. Those who do not have
children will generally adopt children (Soemitro, 1990) .
Usually the reasons for adopting the child are the same as for each ethnic
group studied, namely; For not having children; Because they have no sons and no
daughters (Soekanto, 1986).
Adoption of a child is an act of taking another person's child into his own
family in such a way that between the person who picks up the child and the child
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who was picked up, the same family law arises, as exists between parents and
their own biological children (Safarianingsih, 2021) .
Several regions in Indonesia have experienced developments regarding the
adoption process so that it creates problems in traditional child adoption. The
important thing that needs to be underlined is that the adoption of a child must be
carried out through a legal process with a court order. The rights of adopted
children should not be distinguished from the rights of other biological children in
the family, because adopted children also have the right to obtain welfare equal to
that of biological children (Raganatha, Sudaryatmi, & Ananingsih, 2016) .
Adoption of children in indigenous peoples in Indonesia is different from
one another because it is influenced by the customary law system that applies
differently. The problem that often arises is whether or not the adoption of the
child is legal. Many indigenous peoples in Indonesia are familiar with child
adoption, one of which is the Toba Batak community. The Toba Batak people
place a high priority on sons in a family to continue their descendants and family
customs because the Batak tribe adheres to a patrilineal kinship system, which
means that their lineage is drawn from the male line. Adoption of a child is a habit
that applies in society by following the provisions and rules that live and develop
in the community, successor to the family, maintenance of property on the
property of parents and successor to the genealogy of parents or relatives. The
purpose of adopting another child is to continue the descent and will replace the
father's position as the head of the family (Panggabean & Sinaga, 2004) .
For the Batak Toba indigenous people, in addition to adopting a child
whose management is carried out at the local district court, they also have to carry
out traditional ceremonies so that the child becomes a legitimate child within the
Batak Toba indigenous community. The adopted child is given a surname
according to the surname of the father who adopted the child (NIM, nd) .
Summary of the Cassation Decision by the Supreme Court of case No.
2777 K/Pdt/2014 regarding inheritance disputes in the Toba Batak customs with
Jamser Manik, also called A. Rinkot, residing in Hamlet IX Panglong, Sei
Bamban Village, Serdang Bedagai Regency which is domiciled as the Petitioner
First Defendant I/Appellate against Manuturi Manik who is also called Manuturi
Hiras Halomoan Manik, residing in Hamlet XI Panglong, Sei Bamban Village, Sei
Bamban District, Deli Serdang Regency as Respondents for Cassation first,
Plaintiff/Appeal and Village Head Sei Bambin as Co-respondents The Respondent
for Cassation was Defendant II and Co-Defendants/Co-Appeals who were set on
Monday, April 27 2015 which in their decision stated (Nani Soewondo, 1984)
Whereas the Respondent for Cassation in the past, the Plaintiff has now
sued the Petitioner for Cassation and the Respondent for Cassation first
(Karnikesari, 2020) . Between the plaintiff and the defendant have a family
relationship, where the Plaintiff's parents are the Uncle of the Defendant, namely
the late. Torus Manik left his inheritance to the Plaintiff as his adopted son but the
Defendant did not accept if the Defendant's Uncle gave his heir rights to the
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Plaintiff because according to the Defendant, the Plaintiff was not entitled to the
Defendant's Uncle's inheritance because the Plaintiff was not the biological child
of the Defendant's Uncle. Therefore, the Defendant committed an unlawful act by
not issuing administrative letters on behalf of the Plaintiff as an heir (Kamil,
2010) .
This study aims to analyze how the position of adopted children
(Mangain) according to the Toba Batak Traditional Inheritance Law and what are
the juridical implications for the settlement of disputes over the status of adopted
children's heirs (Mangain) according to the applicable Toba Batak Inheritance
Law.
RESEARCH METHOD
The research method used in this study is a qualitative descriptive method.
The type of data used in this study is qualitative data, which is categorized into
two types, namely primary data and secondary data. Sources of data obtained
through library research techniques (library study) which refers to sources
available both online and offline such as: scientific journals, books and news
sourced from trusted sources. These sources are collected based on discussion and
linked from one information to another. Data collection techniques used in this
study were observation, interviews and research. This data is analyzed and then
conclusions are drawn.
RESULTS AND DISCUSSION
A. Position of Adopted Child (Mangain) according to Toba Batak
Customary Law
Indonesia has many areas with various cultures, and has a family system.
The family system in Indonesia has 3 types, namely:
a. Patrilineal system, taking the lineage from the father's line
b. Matrilineal system, taking the lineage from the mother's line
c. Patrilineal or Bilateral system, taking lineage from the father or mother
line.
Adoption of a child is an act of taking another person's child into his own
family in such a way that between the person who picks up the child and the child
who was picked up there arises a kinship similar to that between parents and their
own biological children (Iqbal & Suparsetyani, 2020) .
"Appointment of a child is a legal act that diverts, a child from the
environment of parental authority, legal guardian, or other person responsible for
the care, education and rearing of the child into the family environment of the
adoptive parents"
In the Toba Batak community, the position of adopted children in
inheriting is very questionable. Whether an adopted child can become a legal heir
for the heir or not, especially from the point of view of the inheritance system in
terms of the Toba Batak customary law, it is a patrilineal system that is taking the
lineage from the father's line (Imam, 1981) .
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The patrilineal lineage system is adopted by the Toba Batak community
which draws the inheritance system from the male side, boys are the successors of
descendants or clans in the family tree. Boys mean a lot to his presence in a
family. In the Toba Batak community, if a family does not have a son, then it can
adopt a boy called a Mangain child on the condition that the adopted son must
come from the family environment or close relatives of the person who raised it
(Harahap , 2011) .
The adoption must be carried out in an open and cash manner, that is, it is
carried out with a traditional ceremony of “dirajahon” with the help of the heads
of the alliance, in the presence of dalihan na tolu and traditional leaders who live
in the village around the place of residence of the person who adopted the child. If
the terms of adoption as described above have been met, then the child will
become the heir of the adoptive parents and will no longer inherit from his
biological parents (Halim, 1985) .
Adopted children inherit from the person who adopted them and will
become heirs. In the case of adoption, if the adopted child is a boy, the child must
refer to the clan of the parents who adopted him, so that the hereditary system can
still be continued. This is in accordance with customary law that takes place in the
life of the Toba Batak people, namely the Dalihan na tolu system which consists
of three stones, the three relationships are:
a. Dongan sauntunga (surname)
b. Hula-Hula (wife's family)
c. Boru (male's family)
The dalihan na tolu system is a law that regulates the life of the Toba
Batak people as is the case with the adoption of the child. A child who has been
adopted (Mangain) according to customary law, legally obtains the name of his
adoptive father, is made a child born from the marriage of his adoptive parents,
becomes the heir of the adoptive parents and because of the adoption of the child
all civil relations are cut off from descendants due to birth. (between children and
their biological parents) (Hadikusuma, 1977) .
Teer Haar states that a child who has been adopted as an adopted child
gives birth to juridical and social rights, both in terms of inheritance law, child
support and protection obligations, marriage, and social life. In customary
inheritance law, adopted children receive rights and obligations as heirs like
biological children, both material and immaterial, for example: customary titles,
customary positions, and the dignity of descendants (Gultom, 2010) .
The procedure for adopting a child (Mangain or paranakhon) in the Toba
Batak community is by deliberation (marpokat) about the intentions of adoptive
parents (Mangain) in the aim of adopting a child. In the marpokat there were
dalihan na tolu and traditional or village elders (natua-tuani huta), where the
function of dalihan na tolu was as a witness to the process of adopting the child.
The party who is Mangain must take care of his adopted child (Mangain) as he
takes care of his own offspring. Does not discriminate against position or status
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even though they are not biological children. Likewise with those who raise their
children, they must believe in the nanian's parents.
Furthermore, the parents who adopt the child (Mangain) will hold a
traditional child adoption party in front of the dalihan na tolu, the traditional head
and the local indigenous community, namely the traditional name-penning event
(Na Margoar) by holding the giving of ulos parompa (carpet) and dekke sitio- tio
(goldfish) which is interpreted as tudu-tudu ni sipanganon as a symbolic sign that
a ceremony of recognition or confirmation of the adopted child has taken place
and at that time the adopted child is tabulated with the name to be used with the
surname of the adoptive father who raised it. The legalization of the status of
adopted children (Mangain) in terms of inheritance rights, if the adoptive parents
die, they can be declared as heirs of the heirs and carry out the lineage (Fukan,
2018) .
The rights of an adopted child can be equated with the rights of a
biological child, because before a child is adopted, it must go through a certain
customary process, which aims that the adopted child is legally legally the clan of
the adopting parent, who is entitled to the inheritance from his adoptive parents.
Toba Batak Customary Inheritance Law recommends to give inheritance to their
adopted children, adoptive parents will give whatever they have to their adopted
children and the right to inherit their assets. An adopted child has the right to
inherit the assets of his adoptive parents in the form of inheritance, namely
inherited assets and joint assets from the marriage of his adoptive parents as long
as his adoptive parents do not have other descendants. But what if the adoptive
parents have other descendants, such as biological daughters, the inherited
property cannot be passed on to the adopted child such as family inheritance,
because those who are entitled to inherit the family inheritance are the original
descendants of the person who inherits it (AMELIA, Mohjan , & Yusuf, 2006) .
a. Comparison of Adoption in terms of Girls
When viewed in terms of the adoption of daughters in Batak Toba
customary law, daughters are not something that many Batak Toba people do
because the Toba Batak people are more concerned with continuing the clan
lineage from the male side, so that is the reason why the adoption of daughters
is not much. conducted. Even so, there are a handful of Toba Batak indigenous
people who also adopt daughters because one of the reasons is that if parents
only have sons but do not have daughters, then daughters are adopted in a
family. In terms of the adoption of daughters, the purpose of the Toba Batak
indigenous people in general is only as an adopted child who can accompany
the adoptive parents' old age later. Like the Toba Batak traditional philosophy
"Hamatean Anak, Boru Hangoluan" which means, the son in the Toba Batak
custom, the son will take care of and intervene in the traditional ceremony
when the parents die, but the daughter takes care and participates interfere in
the life or old age of their parents later. Therefore, why do the Toba Batak
indigenous people raise daughters in a family.
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In terms of the legal consequences of adopting a daughter, the legal
status of the child is the same as that of a biological child. With the adoption
of the traditional ceremony for the adoption of the child and the legalization of
the child's status in front of the dalihan na tolu, to the local customs and
community, the status of the adopted daughter is the same as that of a
biological child. But what distinguishes it in terms of inheritance, if the right
to inherit, the adoption of a son is the same as that of a son's biological son. In
the Toba Batak tradition, in terms of inheriting adopted children, women do
not get property but receive gifts, such as:
a. Land (hauma pauseang)
b. Lunch rice (beautiful Arian)
c. Inheritance from grandfather (old dondon)
d. Tanak simply (hauma punsu tali)
The following will explain examples of cases of adoption in Toba
Batak customs:
a. The adoption of a son in the Toba Batak tribe, who was adopted by
someone else. The child is named Harian Arrow, biological father is
Bryan Wyne, biological mother is Sarah Victoria. Adopted by Mr.
Frank Sihombing and Mrs. Yohana Theresia br. Rajagukguk, the child
was adopted since he was 1 year old because he did not have children
from his marriage. The process of adopting the child is carried out with
a traditional ceremony called Dirajahon. This adoption has been
carried out openly and in cash, which means that the adoption of the
child was carried out openly and attended by Dalihan Na Tolu, the
local Head of Customs and Indigenous Peoples. The position of
adopted children here is the same as the position of biological children
as long as they do not have biological children or legal children from
the result of their marriage. According to the case example here, the
adopted child here is a boy, where the adopted child will have the right
to inherit the property of his adoptive parents at any time or until he is
married, he will still be entitled to inherit the inheritance from his
adoptive parents.
b. The adoption of a daughter in the Toba Batak tribe, who was adopted
by someone else. The child is named Jessie Angelica, the biological
father is named Arnold Gustaf and the biological mother is named
Nora Natasya. Adopted by Mr. Christian Erol Napitupulu and Mrs.
Nenny br. Tobing since he was 3 years old, where they adopted a child
because they had no offspring. The process of adopting the child is
carried out with a traditional ceremony called Dirajahon. This
appointment is made in a clear and cash manner. In this adoption, the
adopted child has the same position as the biological child as long as
the adoptive parents do not have any biological children. The adopted
child will be the heir of his adoptive parents and has the right to inherit
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from his adoptive parents as long as he is not married, if he is married
he is not entitled to inherit from his adoptive parents because this
adopted child will inherit property from his husband.
So in the example above, it can be concluded that there is a difference
in inheritance rights between adopted sons and adopted daughters.
b. Comparison of Child Adoption in terms of Karo Batak Customs
The process of implementing the distribution of the inheritance of
adopted children of the Karo Batak indigenous people is carried out by means
of deliberation of the heirs where, this method is very widely used by the local
population. The method used is the heirs (adoptive parents) in distributing the
inheritance by conducting deliberation first on the parts that will be divided
among the heirs. In this case, all adopted children get the same share as
biological children and usually they also give shares to daughters whose share
is smaller than biological sons and adopted children. Usually in the
deliberation, only sons or adopted sons from their father's descendants
distribute the inheritance.
The sharing of inheritance in the Batak Karo indigenous community
has become a tradition and according to Rasmi Sinuhaji, one of the traditional
leaders of the Karo Batak, that the inheritance obtained for an adopted child is
the same as the biological child in the Karo Batak where there is no difference
in the process. the distribution, but the adopted child can only get joint search
property from his adoptive parents which is called "erta ex encari" where this
property is obtained by his adoptive parents during the marriage. Inheritance
according to the Karo Batak customary law is the entire estate of the heir, both
tangible and intangible. Tangible goods can be divided into two parts, namely:
a. Jabu goods (house property)
b. Land goods (goods outside the home)
Thus, based on Toba Batak customary law in terms of adoption
(Mangain), adopted children basically have the same position, the same status,
and the same rights in terms of inheritance, as well as biological children. The
adoption of a legitimate child in a family that adopts a child, is carried out
with the Dirajahon traditional ceremony in front of Dalihan Na Tolu, the Head
of Customs and the local customary community with all the symbols carried
out in the traditional ceremony which ultimately results in the customary law
consequences of the adoption itself. That an adopted child has the right to
become an heir and is entitled to inherit his adoptive parents in the form of
inheritance, namely inherited property and joint property as long as the
adoptive parents do not have other descendants without any time limit.
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c. Analysis of Supreme Court Decision No. 2777/K/Pdt/2014 Regarding
Disputes on the Position of Adopted Children as Heirs according to
the Toba Batak Customary Inheritance Law
Indonesia is a country consisting of thousands of islands and various
ethnic groups in Indonesia. Although Indonesia adheres to the law of
positivism, which means that the law applies based on the law, in certain cases
it uses customary law which is the hallmark of each region (AMALIASARI,
2019) .
In the implementation of inheritance against the position of adopted
children (Mangain) in the customary inheritance law of the Batak Toba that
applies within the Batak Toba customary community itself, where in the Batak
Toba customary community, the adopted child is still questioned about his
position as heir because basically the customary law of inheritance is Batak
Toba. is a patrilineal system that takes the lineage from the male line, where
the offspring are the biological children of the heir.
According to M. Djojodiguno, an adopted child is the taking of another
person's child with the intention that the child will become the child of his
adoptive parents. He added that this adoption was carried out in such a way
that the child both physically and mentally is his own child.
Adoption of children in Indonesian society has several goals and/or
motivations. The aim is to continue the offspring, if in a marriage there is no
offspring. In general, adoption is carried out for reasons such as:
a. Have no descendants
b. There is no successor
c. According to local customary marriage law
d. Good relationship and brotherhood
e. Sense of family and humanity
f. Labor needs.
According to customary law, the procedure for adopting a child can
generally be carried out in two ways, namely:
a. Cash/cash means that the child is released from his original
environment and put into a relative who adopted him with a payment
for magical objects, money, clothes.
b. It means that the adoption is carried out in ceremonies with the help of
the heads of the fellowship, it must be clearly appointed into the legal
system.
In the case previously described, the late Torus Manik and the late
Tiomnar Br. During his lifetime, Pardede had assets in the form of land in Sei
Bamban, about 27 rante rice fields in Sei Panglong, about 19 rante rice fields
in Paret Dua, about 12 rante rice fields in Paret 1, 10 rante rice fields in Ria-
Ria, 6 rante rice fields and elsewhere another covers an area of 149 rante and
has a gold necklace. During the 15 years of marriage, the late Torus Manik
and the late Tiomnar Br. Pardede had no descendants, so in the end they
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decided to adopt a child in order to have a descendant. By holding a traditional
party in front of the dalihan na tolu, the traditional head and the local
indigenous community, Manuturi Manik was appointed as the legitimate son
of the late. Torus Manik and the late Tiomnar Br. Pardede, by carrying out
various applicable customary provisions. The appointment of Manuturi
Manik, male and legalized by changing the name, reviewing the pisanamot
and giving the fish dekke sittio-tio in front of the dalihan na tolu, the head of
adat and the local community, created a relationship between customary law
and the giving of the surname of the adoptive father in the name of the
adopted child (Mangain ), and the rights that will be obtained by Manuturi
Manik (Aisyah, 2019) were born .
The disputed matter in this case, where Manuturi Manik as the Plaintiff
wants to get a statement letter as the only heir of the late. Torus Manik and the
late Tiomnar Br. Pardede so that Manuturi Manik can exercise his rights as
heirs. However, Jamser Manik as the Defendant, the biological son of
Allaudin Manik, the brother of the late Torus Manik who was a cousin of
Manuturi Manik, did not accept that Manuturi Manik became the heir of the
late Torus Manik because according to Jamser Manik, Manuturi Manik was
only an adopted son who appointed by his uncle in which the Plaintiff is not
entitled to heir status. The Defendant committed an unlawful act with the
village head by not issuing a statement letter and not signing and stamping the
letter which made the Plaintiff unable to exercise his rights as heir.
In the implementation of inheritance to an adopted child (Mangain),
there was a bad faith from the Defendant, Jamser Manik, by committing an
unlawful act. As has been explained, with all the efforts to carry out the
traditional party carried out by the late Torus Manik in the adoption of a child,
Manuturi Manik seen from customary law is legal as an heir of the late Torus
Manik seen from the existing conditions, the adoption of a child by the late.
Torus Manik is a son who is given a clan from his adoptive father and the
implementation of the custom of adopting a child is carried out openly and in
cash in front of the dalihan na tolu, the traditional head and the local
indigenous community.
In customary law, Ter Haar states that adopted children are entitled to
inheritance as children, not as foreigners. As long as the act of adopting a
child has erased his character as a "foreigner" and made him a "child"
character, the adopted child has the right to inherit as a child. That is the
starting point of customary law. Where in reading the curriculum vitae of the
Plaintiff's adoptive parents in the traditional ceremony process of the death of
the late. Torus Manik and Alm. Tiomnar Br. Pardede, it is stated that the
Plaintiff is the legitimate child of Torus Manik and Tiomnar Br. Pardede.
Stb, 1917 No. 219 determines that the legal consequences of the act of
adopting a child are as follows:
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a. Article 11 : an adopted child legally has the name of the offspring of the
person who adopts it.
b. Article 12 paragraph 1: adopted children are made as children born from
people who adopt. Consequently, the adopted child becomes the heir of
the adoptive person.
Regarding the legal consequences in the adoption between children and
their parents as follows:
a. Blood relationship: regarding this relationship, it is considered difficult to
break the child's relationship with the biological parents.
b. Inheritance relationship: in the case of inheritance, it is expressly stated
that the child will no longer inherit from the biological parents. The
adopted child will inherit from the adoptive parents.
c. Guardianship relationship : in this guardianship relationship, the child's
relationship with the biological parents is cut off and turns to the adoptive
parents. This shift only started when the verdict was pronounced by the
court. All rights and obligations of biological parents are transferred to
adoptive parents.
d. Clan relations, titles, customary positions; In this case, the child will not
receive a surname or title from his biological parents, but from his
adoptive parents.
It is very clear that if a child has been adopted or adopted by his adoptive
parents, legal consequences will arise from the act of adoption/adoption. For
example in Indonesian law, if a child has been adopted by his adoptive family,
then the child will get the same rights and obligations as a biological child. The
adopted child will receive obligations such as respecting his parents or guardian,
while the rights that the child will get when he has been adopted are the
inheritance from his adoptive family, which can be in the form of land, assets,
money, and other inheritable materials.
According to Article 42 of Law Number 1 of 1974 concerning Marriage
which reads:
"Legal children are children born in or as a result of a legal marriage"
Whereas in the context of the article above there is no mention of a
terminology of "biological children" only the terminology of "legitimate children"
and "children" born in or as a result of legal marriages. So seen from the context
of the article, that the Plaintiff is an adopted child who has been ratified or has
confirmed his status and rights in the traditional ceremony of adopting a child
which is carried out in front of the pretext na tolu, the head of adat and the local
adat community, which can be declared as the legal heirs of the plaintiff's parents.
According to Article 55 paragraph (2) of Law Number 1 of 1974, as a
comparison, the Assembly quoted the provisions of Article 261 part b of the Civil
Code which principally determines, among others:
"In the absence of such deeds, if the children continue to enjoy the status
of legitimate children, this position is sufficient evidence."
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the Behavioral Development of Children With Autism Spectrum Disorder (ASD)
1698
Based on the Jurisprudence of the Supreme Court regarding adopted
children in Toba Batak customs, the Plaintiff does not have an authentic Deed
issued by the Office of Population and Civil Registration, because the Plaintiff's
adoptive parents did not make a statement of adoption of the child through a
notary deed so that the Plaintiff does not have authentic legal evidence. Trusted.
However, with the series of all Toba Batak traditional ceremonies that have been
carried out, according to the customary inheritance law of the Toba Batak, an
adopted child is adopted, maintained and confirmed the legal status and rights of
the adopted child are equal to the biological child. Judging from the context, the
plaintiff has enjoyed the position as a legitimate child with the recognition and
traditional ceremonies that have been carried out and declared valid according to
customary law. With this evidence, according to the court's decision which as
stated in the decision is in accordance with the customary inheritance law of the
Batak Toba, based on the recognition of the customary head and local customary
community, this position has become sufficient evidence that the Plaintiff can
become the legal heir of the Plaintiff's adoptive parents without it is necessary to
have a valid statement letter in order to be able to exercise his rights as heirs
because on the initial basis the child was adopted and confirmed his status is the
same as the biological child, the rights of the heir have been born as a result of the
law of the adoption itself.
Issues of inheritance to adopted children as heirs can be seen in several
Court Decisions:
a. MA-RI Decision No. 182.K/Sip/1959, dated July 15, 1959; The adopted
child (adopted child) has the right to inherit the inheritance of his adoptive
parents, which is not the original property/heirloom of his adoptive
parents.
b. MA-RI Decision No. 679/K/Sip/1968; Adopted children are entitled to
become heirs and inherit the property of their adoptive parents, even
though the adopted child is not entitled to the original property.
CONCLUSION
Based on the discussion in the previous chapters, it can be concluded that;
The position of adopted children in the Toba Batak indigenous people is in a clear
and cash way. The main reason in the Toba Batak community is the absence of
descendants. The indigenous Batak Toba community itself adheres to a patrilineal
system that is based on male/father lineage. So that's why in general the Toba
Batak people are more likely to adopt a son than a girl, but there are also those
who adopt a daughter for certain reasons. The requirements for adopting children
by the Toba Batak indigenous people are carried out according to the customs of
the indigenous people, by carrying out a traditional ceremony "dirajahon" in front
of dalihan na tolu, traditional leaders / leaders, and local indigenous people by
giving ulos parompa (carpet) and dekke sitio. tio (carp) as evidence of an
inauguration in the process of the traditional ceremony. The requirements for
Eduvest – Journal of Universal Studies
Volume 2, Number 9 , September, 2022
1699
http://eduvest.greenvest.co.id
adoption by the Toba Batak indigenous people do not fully meet the requirements
set by the Government Regulation on the Implementation of Child Adoption. The
position of an adopted child is basically legal to become an heir and his rights are
equal to the position of a biological child, because according to the customary
inheritance law of the Toba Batak with evidence of the existence of the traditional
ceremony, an adopted child is legally the heir of his adoptive parents himself,
without the need for tools. evidence as well as a deed. Adopted children have the
right to joint property and inheritance from their adoptive parents.
The juridical implication of the court's decision is that the plaintiff is
declared the only legal heir of the late. Torus Manik and Alm. Tiomnbar Br.
Pardede, and ordered Defendant II to issue heirs on behalf of the plaintiff in
accordance with administrative regulations in the Republic of Indonesia in
accordance with applicable laws. Strong evidence that an adopted child is legal as
an heir by holding a traditional ceremony according to the customary inheritance
law of the Batak Toba, the plaintiff is entitled to the inheritance rights of his
adoptive parents and from there the village head should issue the heir letters so
that the plaintiff can exercise his rights as heirs. .
Based on the results of interviews obtained from the traditional chairman
of Parsadaan Punguan Sianturi Mandok Siraja, Sejabodetabek, that the traditional
custom that prevailed in the past was that an adopted child only received joint
property but inherited property. However, the current custom is that an adopted
child can get inheritance and property with the inheritance of his adoptive parents.
This is based on the awareness of the Toba Batak indigenous people who believe
"that if adopted children are adopted as their own biological children, what we all
have will later become their inheritance, both innate and joint property."
REFERENCES
Aisyah, Nur. (2019). Wasiat Dalam Pandangan Hukum Islam Dan Bw. El-
Iqthisady: Jurnal Hukum Ekonomi Syariah Fakultas Syariah Dan Hukum,
1(1 Juni).
Amaliasari, Rosida. (2019). Konsistensi Putusan Pengadilan Dalam Sengketa
Kewarisan Anak Luar Kawin Di Indonesia. Universitas Airlangga.
Amelia, Kiki Rezeki, Mohjan, Mohjan, & Yusuf, Dastini. (2006). Hak Waris
Anak Angkat Menurut Hukum Waris Yang Berlaku Di Indonesia. Sriwijaya
University.
Furkan, Beti Ayu. (2018). Analisis Penyelesaian Perkara Pidana Prespektif
Hukum Adat Baja Pada Masyarakat Suku Donggo (Studi Di Desa
Karamabura Kecamatan Dompu Kabupaten Dompu Nusa Tenggara Barat).
University Of Muhammadiyah Malang.
Gultom, Elfrida R. (2010). Hukum Waris Adat Di Indonesia. Jakarta: Literata.
Hadikusuma, Hilman. (1977). Hukum Perkawinan Adat. Alumni.
Halim, A. Ridwan. (1985). Pengantar Tata Hukum Indonesia Dalam Tanya
Jawab. Ghalia Indonesia, Jakarta.
Harahap, R. (2011). Penetapan Waris Anak Angkat Dalam Masyarakat Batak Di
Ning Adiasih
The Effectiveness of the Combination of Play Therapy and Speech Therapy on
the Behavioral Development of Children With Autism Spectrum Disorder (ASD)
1700
Desa Portibi Julu Sumatera Utara. The Indonesian Journal Of Islamic Family
Law, 1(1).
Imam, Sudiyat. (1981). Hukum Adat Sketsa Asas. Yogyakarta, Liberty.
Iqbal, Muhammad, & Suparsetyani, Endang. (2020). Analisis Yuridis Terhadap
Pembagian Warisan Alm. Rtdh. Pakpahan Kepada Ahli Waris Menurut
Kuhperdata (Studi Kasus: Putusan Pengadilan Negeri Nomor. 564/Pdt.
G/2015/Pn-Mdn). Reformasi Hukum Trisakti, 2(2).
Kamil, Ahmad. (2010). Hukum Perlindungan Dan Pengangkatan Anak Di
Indonesia.
Karnikesari, Ammelia Karnikesari Ammelia. (2020). Pemberian Harta Orangtua
Angkat Kepada Anak Angkat Dalam Praktiknya Di Kecamatan Sarolangun
Jambi. Abstract Of Undergraduate Research, Faculty Of Law, Bung Hatta
University, 11(1).
Nani Soewondo, S. H. (1984). Kedudukan Wanita Indonesia Dalam Hukum Dan
Masyarakat. Balai Aksara-Yudhistira Dan Pustaka Saadiyah.
Nim, Oktaviani Tariani. (N.D.). Pelaksanaan Adat Perkawinan Masyarakat Dayak
Ribun Di Desa Betuah Kecamatan Terentangkabupaten Kubu Raya. Jurnal
Fatwa Hukum, 1(1).
Panggabean, Henry P., & Sinaga, Richard. (2004). Hukum Adat Dalihan Na Tolu
Tentang Hak Waris. Dian Utama Dan Kerabat (Kerukunan Masyarakat
Batak).
Raganatha, Berinda Sylvia, Sudaryatmi, Sri, & Ananingsih, Sri Wahyu. (2016).
Eksistensi Hukum Adat Dalam Penyelesaian Sengketa Tanah Warisan (Studi
Di Desa Purwosari, Kecamatan Wonogiri, Kabupaten Wonogiri).
Diponegoro Law Journal, 5(2), 1–20.
Safarianingsih, Rini. (2021). Akibat Hukum Pengangkatan Anak Tanpa Penetapan
Pengadilan. Perahu (Penerangan Hukum): Jurnal Ilmu Hukum, 9(2).
Soekanto, Soerjono. (1986). Pengantar Penelitian Hukum, Jakarta. Penerbit
Universitas Indonesia.
Soemitro, Irma Setyowati. (1990). Aspek Hukum Perlindungan Anak. Bumi
Aksara.
Soepomo, R. (1987). Bab-Bab Tentang Hukum Adat, Pt. Pradnya Paramita,
Jakarta.
Soimin, Soedharyo. (2007). Himpunan Dasar Hukum Pengangkatan Anak.
Sudiyat, Iman. (2007). Hukum Adat Sketsa Asas.
Suhaidi, Turmudzi, & Suka’arsana, I. Komang. (2020). Analisis Yuridis Terhadap
Harta Pencarian Almarhumah Hj. Halimah Menurut Hukum Waris Adat
Minangkabau. Reformasi Hukum Trisakti, 2(1).
Wiranata, I. Gede A. B., & Sh, M. H. (2005). Hukum Adat Indonesia
Perkembangan Dari Masa Ke Masa. Citra Aditya Bakti.
