The Easta Journal Law and Human Rights
Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)

A Normative Analysis of the Inheritance Rights of Adopted Children from the Perspective of Indonesian Positive Law

Rahma Nuraulia A. Tabukali (Faculty of law, Gorontalo State University)
Nur Mohamad Kasim (Faculty of law, Gorontalo State University)
Sri Nanang Meiske Kamba (Faculty of law, Gorontalo State University)



Article Info

Publish Date
29 Jun 2026

Abstract

This study examines the inconsistencies in the regulation of inheritance rights for adopted children within Indonesia’s positive legal system, which is influenced by legal pluralism namely, civil law, Islamic law, and customary law. The primary issue lies in the inconsistency of legal norms, which creates legal uncertainty and the potential for injustice toward adopted children who, sociologically speaking, have become part of the family. This study aims to analyze the normative status of adopted children in inheritance matters and to identify the conflicts of norms that arise. The method used is normative legal research employing legislative, conceptual, and comparative approaches, analyzed qualitatively through legal interpretation and argumentation. The results of the study indicate that adopted children have not been consistently recognized as heirs, with limited solutions such as mandatory wills that do not fully guarantee substantive justice. Furthermore, differences in judicial interpretation reinforce legal uncertainty in practice. This study underscores the importance of harmonizing and reforming inheritance law to create legal certainty and justice that is more responsive to social realities.

Copyrights © 2026






Journal Info

Abbrev

eslhr

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Associated with the Eastasouth Institute, the ESLHR - The Easta Journal Law and Human Rights is a three-times-a-year publication and aims to publish scientific papers on issues involving Law and Human Rights, from an interdisciplinary perspective, encouraging the dialogue with other areas of Law and ...