INHERITANCE DISPUTE, THE POSITION OF ADOPTED CHILDREN

A pair of husband and wife do not have biological children in their marriage. They raised two adopted children. They then died and left an inheritance in the form of joint property. According to the Customary Inheritance Law, the two adopted children must inherit this joint property: each child gets half the share. The biological sibling of the deceased is not entitled to inherit it because their rights have been “blocked” by the inheritance rights of the adopted children.

Adopted children are the heirs of their adoptive parents over inherited assets in the form of joint assets.

–> Supreme Court Decision No. 1182 K/Pdt/1988, dated 22 December 1994

Source: Compilation of Supreme Court Abstract Legal Decisions on the Law of Debts and Receivables, By: Ali Boediarto, S.H. Publisher: Indonesian Judges Association, page 61.

Best regards,

Fredrik J. Pinakunary