CD-ROM

Perlindungan Hukum Anak Angkat Menurut Sistem Hukum Waris Adat Bali (Awig-Awig Desa Adat Kalisada) (Studi di Desa Adat Kalisada, Kecamatan Seririt, Kabupaten Buleleng - Bali) (CD + Cetak)

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One of the goals of marriage is to continue the offspiring. In the Balinese customary law community, the existence of boys is considered special because boys act as successors of the lineage, so that the right to be heirs automatically belongs to boys only. However, in realitu, not all married couples are blessed with son, so the legal act of adoption is carried out. The rights of adopted children, especially rights in inheritance, need to be clearly regulated in order to provide protection to prevent disputes in the distribution of inheritance. The problem in this study is how the legal protection of adopted children in terms of the Balinese traditional inheritance law system (Awig-Awig Desa Adat Kalisada), and how to resolve a dispute in the distribution of inheritance in Desa Adat Kalisada, Kecamatan Seririt, Kabupaten Buleleng – Bali.
The type of research used is empirical legal research with a juridical - sociological approach. Kinds of data in the study are consisted of primary data obtained through field studies by means of observation and interviews with Kelian Adat, Kelian Banjar Adat, Sabha Desa, Kerta Desa, and parents who adopted children in the Kalisada Traditional Village. Second, secondary data are obtained from literature related to research problems.
The results of research and discussion of the legal protection of adopted children according to the Balinese traditional inheritance law system (Awig-awig Desa Adat Kalisada) show that legal protection for adopted children in inheritance in Desa Adat Kalisada, Kecamatan Seririt, Kabupaten Buleleng – Bali, is regulated in Awig-awig Desa Adat. After the adoption of the child, the legal relationship between guardianship and inheritance of the adopted child with the biological parents breaks and switches to the adoptive parents. A form of protection for adopted children, namely the adoption of children registered by the Prajuru (Management) of the Desa Adat in a customary document called a Surat Peras which is evidence of adoption according to Balinese customary law and the adopted child is a biological child, thus adopting a child in inheritance. Adoptive parents are the heirs so that they are entitled to receive inheritance from their adoptive parents. However, in reality, the adoption cases that occurred in Desa Adat Kalisada did not have a Surat Peras, this shows that there is no legal certainty for the adopted children regarding their status, if there is a dispute in the distribution of inheritance in Desa Adat Kalisada, Kecamatan Seririt, Kabupaten Buleleng – Bali then resolved according to the Awig-Awig of the Desa Adat Kalisada through two stages, namely first, dispute resolution through the Kelian Desa Adat, and then dispute resolution through Kertha Desa Adat.
Keywords: legal protection, adopted children, Balinese traditional inheritance, Awig-awig

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

056 PDT2020 ARI p

Penerbit

Malang : Fakultas Hukum Universitas Merdeka Malang., 2020

Deskripsi Fisik

PDF, 2.456 KB

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

056 PDT 2020

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

LEGAL PROTECTION
ADOPTED CHILDREN
BALINESE TRADITIONAL INGERITANCE
AWIG-AWIG

Info Detail Spesifik

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Pernyataan Tanggungjawab

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Versi lain/terkait

Lampiran Berkas

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