POSITION OF ADOPTED CHILDREN IN THE DISTRIBUTION OF HERITAGE PROPERTY IN INDONESIA

Adoptions are included in the category of legal acts, the which resulted in the rightsand obligations of the parties. In the Burgelijk Weetboekand the compilation of Islamic law, are differences in theregulations about how the positions Adopted child to the adoptive parents. It is implicated in the process of inheritance. Adopted inheritance of the children in accordance with Islamic Law Compilationused was was borrowed, while the Burgelijk Wetboeek, inheritthe same Adopted children with legitimate children


A. INTRODUCTION
Constitutionally, education is one of the fundamental elements set out in Article 28 and 31 of the 1945 Constitution.Therefore, it requires the government to respect, fulfill and protect the public in accessing educational resources, information and technology. 1 To achieve the condition of society who live healthy and prosperous in the future. 2ster child is a part of all tumpuhan and expectations of both parents (father and mother) as the successor of life.Having a child is the purpose of their marriage to connect descent and preservation of wealth.Having a child is the pride of the family.However, according to these goals sometimes can not be achieved in line with expectations.Some spouses, not a few of them have difficulty in obtaining offspring.Being a desire to have children seemed so great.so then in between they also exist that adopt a child 3 .
Adoption is divided in two senses: first, the adoption in a broad sense.It raises nasab relationships that exist between the rights and obligations should own child against the parents themselves.second, in the sense of adoption is limited.namely the adoption of others into their own family and the relationship between the adopted child and the parents who raised only limited social connections only4 .
In Indonesia, there are three legal system and regulate the issue of adoption which Justice theory postulates dignified departure from the system; working towards the goal, that is justice with dignity. 5The third is the legal system of Islamic law, customary law and Western law.For a while the discussion of customary law and Western law did not we mention here, but rather concentrated to Islamic law.Islamic religion is basically not prohibit the practice of adoption, so far not affected and do not alter the relationship nasab or descent between the child and his biological parents, Practice adoptions will be prohibited when this has resulted in the release of the adopted child of a relationship nasab or descent between the child and his biological parents own and went in nasab relationship with his adoptive parents.Prohibition of adoption in the sense of actually making a biological child is based on the Word of Allah.
He made your adopted sons as your birth child (myself).Such a dimulutmu are yours alone.5.Call them (adopted children it) by (using) the name of their fathers; That is more equitable in the sight of God, and if you do not know their fathers, then (they call an as) your brothers in religion6 .Adoption allowed Islamic law also has no effect in law of inheritance.Thus Islam does not make an adopted child as the cause of the heir-inherited rights between the adopted child with the adoptive parents7 .

Adopted Children and Inheritance
a. Definition of adopted child Definition of adopted children in the language or etymology can be interpreted as follows: First, the adopted child in Arabic called "tabanny" is a habit at the time of ignorance and the beginning of Islam that if a lifting other people's children as sons, the operator from the laws in force on the biological

International Journal of Law Reconstruction
Volume II, Issue 2, September 2018 77 child and according to Muhammad Yunus mean by taking a foster child, whereas in the dictionary Munjid interpreted 'ittikhhadzahu ibnan', ie make as a child.Both foster child who comes from the word '' luqata "which means taking a foundling means the removal of minors found on the street and not known descendants 8 .
Adoption is also known as adoption comes from the English language is "adoptie" or "adopt".The sense in the Dutch language dictionary according to law is the removal of a child to be used as biological children.In line with the adopted child meaning, KHI (Compilation of Islamic Law) and then enter the legal effect of the adoption by Mu'thi Artho, namely 9 : 1) Switch maintenance responsibility of daily living, education expenses and so forth of the parents of origin to the adoptive parents.2) Adoption not disconnect blood / nasab between the adopted child with his biological parents so that the mahram relationship remains valid and inherit each other.3) Adoption does not cause blood relations / nasab between adopted children with adoptive parents.
Similarly, an elaboration of Article 171 KHI in letter h, which says that the adopted child is a child in the maintenance of everyday life, educational expenses and so shift of responsibility from the parents of origin to the adoptive parents based on the decision of the Court; if you see that sense, it means also that the adopted child here has become part of the family of the parents who raised it.As part of the family (kids), he is entitled to get the love and affection of parents like the others b. understanding inheritance Inheritance is the rules on transfer ownership of the person who has died to his heir 10 .In other terms also called fara'idh inheritance, which means that certain parts that are divided according to the religion of Islam to all those who deserve it. 11 Besides the notion of inheritance is also contained in Article 171 paragraph (a) KHI, which reads: "The law of inheritance is the law governing Muderis Zaini, 2002, Adopsi Suatu Tinjauan Dari Tiga Sistem Hukum, Sinar Grafika, Jakarta, p.14-15  Soebekti, 1995 , Kamus Hukum, Aneka Ilmu, Semarang, p.18 Mu'thi Artho, "Pengangkatan anak menurut Hukum Islam," makalah, (Perpustakaan Pengadilan Agama Bantul), p.22 H.Abdurrahman, 2007, Kompilasi Hukum Islam, Akamedika pressindo, Jakarta, p.5