Legal Literacy - This article discusses the position of adopted children in Batak Karo customary inheritance law, outlining the principles that differentiate between the inheritance rights of biological children and adopted children. By delving deeper into the patrilineal kinship system typical of the Batak Karo, the author elaborates on how the inheritance rights and social positions of women differ, as well as the deliberation process that serves as the primary forum for inheritance distribution. This article also examines ancestral property and acquired property in the context of inheritance, providing important insights into the treatment of adopted children and daughters in the tradition of customary law thereof.
Introduction
Inheritance law is the law that regulates the transfer of ownership rights over the estate of the testator after the testator dies, which determines who is entitled to be the heir and determine the share of each heir. The Batak Karo customary law has its own rules and principles in regulating the position of adopted children in terms of the customary inheritance rights of the Batak Karo.
The position of children in Batak Karo customary inheritance law
In Batak Karo customary law, the position of an adopted child in terms of inheritance rights may differ from that of a biological child. In Batak Karo customary inheritance law, which is based on a patrilineal kinship system based on the father's line, the division of inheritance rights is also differentiated between sons as family successors and daughters. When a Batak Karo woman gets married, she will enter her husband's clan/tribe (customs), therefore Batak Karo women are not entitled to inheritance rights. In Inheritance Law Batak Karo Customs between male and female descendants, in its main provisions only sons inherit their father's estate, while daughters receive inheritance in the form of grants, namely gifts to parents while they are still alive.
It has become a common secret that clans/tribes (customs) who are worried about facing the reality of not having descendants generally adopt children to avoid this.
In Batak Karo customary inheritance law, the objects are all inherited assets from the father in the form of: Houses, Agricultural Fields/Plantations, Vacant Land, Livestock, Cars and Valuables.
The position of daughters in Batak Karo customary inheritance law does not grant them inheritance rights, and they are generally considered to have a different status compared to sons. This is inseparable from the customs or norms that apply in daily life, but the position of women is no different in the family. In the inheritance rights of Batak Karo customary law, women also get it, although not as much as what is obtained by sons, but if the sons do not give their rights, the daughters cannot demand it.
The position of adopted children in Batak Karo customary inheritance law
An adopted child is an heir whose position is the same as that of a biological child, but this adopted child only becomes an heir to the assets/joint property of their adoptive parents, while for ancestral property, the adopted child is not entitled to it.
What is meant by ancestral property or customary goods are immovable customary goods and also animals or clothes that are expensive.
Customary goods or ancestral property are goods belonging to the father's clan or related. Customary goods include: land (fields), gardens, houses or jabu with customary house sections, jambur
or sapo, a place to store rice from several families, and also materials for construction, such as palm fiber, bamboo, wood, and so on. An adopted child has the right to inherit the assets of their adoptive parents and an adopted child does not have the right to inherit the original assets of their adoptive parents because they will also become heirs of their biological parents.
The Implementation Process of Batak Karo Customary Inheritance Law
The implementation of inheritance law for adopted children in Batak Karo customary law is carried out through deliberation. In Batak Karo customary inheritance law, deliberation is a forum for discussion and decision-making involving all heirs who are entitled to receive Batak Karo customary inheritance rights. The deliberation process begins by inviting all heirs.
After all the heirs have gathered, they will deliberate on the distribution of Batak Karo customary inheritance rights to be used. In Batak Karo Customary Inheritance Law, deliberation is not just a decision-making process, but also a part of the tradition and culture of the Batak Karo community. Deliberation is considered an original tradition of indigenous people in rural areas and has values that are passed down from generation to generation. However, it should be remembered that the deliberation process in the Distribution of Inheritance Rights under Batak Karo customary law may vary depending on the decisions and agreements reached by the heirs involved.
References
- Tarigan, RR (2020). Analysis of the Position and Rights of Daughters in the Distribution of Inheritance According to Karo Customary Law and Supreme Court Decision No. 179/K/Sip/1961 (Doctoral Dissertation, Universitas Quality).
- Meliala, and Aswin Peranginangin, Karo Customary Civil Law in the Formation of National Law, (Bandung: Tarsito, 1978)
That is the explanation regarding the Position of Adopted Children in Batak Karo Customary Inheritance Law.
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