Jayanti, Welia Pisti (2026) Analisis Yuridis Hak Waris Anak Angkat Dalam Putusan Mahkamah Agung Nomor 489/K/AG/2011. Other thesis, Universitas Islam Riau.

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Abstract

Adoption in Indonesian society is a long-standing practice driven by social, humanitarian, and familial considerations. However, from the perspective of Islamic inheritance law, an adopted child does not have a nasab (lineage) relationship with the adoptive parents and therefore, in principle, is not entitled to inherit. This condition often leads to legal disputes in inheritance cases, particularly regarding the rights granted to adopted children. The Supreme Court Decision Number 489/K/AG/2011 serves as an important jurisprudence addressing the legal position of adopted children within the Islamic inheritance system in Indonesia. The problems examined in this research are: first, how the implementation of Supreme Court Decision Number 489/K/AG/2011 is viewed in relation to Islamic inheritance law; and second, what considerations were taken by the judges in determining the inheritance rights of adopted children in the decision. This research is classified as normative juridical legal research, focusing on legal synchronization by explaining, describing, and analyzing the relationship between Islamic inheritance law and Supreme Court Decision Number 489/K/AG/2011 in granting inheritance rights to adopted children. In terms of its nature, this research is a literature study conducted through the examination of secondary legal materials and based on established legal rules. The data sources used include primary, secondary, and tertiary data. The results of the study indicate that under Islamic inheritance law, adopted children are not entitled to inherit directly due to the absence of a nasab relationship. However, through the legal construction of wasiat wajibah as regulated in the Compilation of Islamic Law, adopted children may still receive a portion of the estate left by their adoptive parents. In Supreme Court Decision Number 489/K/AG/2011, the judges considered principles of justice, public benefit (maslahah), as well as the moral and social responsibilities of adoptive parents toward their adopted children. This decision reflects an effort to harmonize Islamic inheritance norms with the demands of justice in the practice of religious courts.

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