The Role of Notaries in Distributing Inheritance to Adopted Children According to the Civil Code and the Compilation of Islamic Law

Abstract

Islamic Law and Western Civil Law that apply in Indonesia in looking at the status of adopted children and their implications for inheritance matters are interesting things to research. This writing aims to find out what the position of adopted children is according to the Western Law system and Islamic Law, what are the provisions for dividing the inheritance of adopted children according to Western Law and Islamic Law, what is the role of the Notary in distributing inheritance to adopted children. The research method used in this research is qualitative research, the approach method in this research uses normative juridical methods, while the type and source of data in this research is qualitative, the data sources are primary data and secondary data, the data collection method is primary data. whose nature is to support secondary data by means of an interview method with secondary data through literature study, the analysis method is normative descriptive. The results of this research show that the position of adopted children according to the civil law code and Islamic law is different. The position of adopted children according to the civil law code is considered as a biological child, while the position of adopted children according to Islamic law is as an adopted child. The position of the adopted child will affect the inheritance rights of the adopted child. As for the provisions for dividing the inheritance of adopted children according to the civil law code, they receive the same share as biological children, as this inheritance share has been determined in a law called AB Instato, provisions for dividing the inheritance of adopted children according to Islamic law because their status as adopted children is therefore adopted children. According to Islamic law, adopted children receive 1/3 of the share (obligatory will). The role of a notary in distributing inheritance to adopted children is making a deed of inheritance statement and a certificate of inheritance rights and if the notary is asked to calculate the share of inheritance rights then a notary has the right to participate in distributing inheritance fairly and according to the applicable laws and regulations.