TINJAUAN YURIDIS TERHADAP PENERIMAAN WARISAN ANAK ANGKAT MENURUT HUKUM ADAT TOLAKI (Suatu Studi Di Kec.Buke Kab.Konawe Selatan)

Abstract

This study aims: 1) To find out and understand the implementation of inheritance distribution towards the position of adopted children in the Tolaki tribe in Buke Village, Buke District, South Konawe Regency. 2) To find out and understand the obstacles and efforts to resolve the implementation of inheritance distribution towards adopted children in the Tolaki tribe in Buke Village, Buke District, South Konawe Regency. This study is intended to determine the position of adopted children in South Konawe Regency. The place/location of this research is in Buke Village, Buke District, South Konawe Regency because there will be found the answers to the problems to be studied. Data analysis in this study was carried out qualitatively, from the data obtained then analyzed qualitatively to achieve clarity of the problems discussed. The results of this study indicate that: 1) the implementation of the distribution of inheritance to adopted children in the Tolaki Tribe's traditional community still often occurs by ignoring the provisions of the Civil Code inheritance law and Islamic inheritance law if the interests of the community require it because the Tolaki tribe prioritizes the principles of togetherness, harmony, peace through deliberation and consensus which have been part of community life since ancient times until now, 2) That obstacles in the implementation of the distribution of inheritance to adopted children are caused by the adoptive parents residing in other areas at the time of the distribution of inheritance, this is possible that the adopted child no longer has smooth communication with his adoptive parents so that the clarity of receiving the inheritance is no longer certain because they have to wait for the right time to communicate back to his adoptive parents. Furthermore, if both adoptive parents have divorced so that the residence of both adoptive parents has moved addresses so that it is difficult to communicate the inheritance that will be received by the adopted child and if this happens it will still be returned from the adoptive parent's family who once knew about the portion of the inheritance that would be given to the adopted child accompanied by the approval of traditional leaders and the local village government.