INHERITANCE RIGHTS OF ADOPTED CHILDREN IN SAME-SEX MARRIAGE (LGBT) IN INDONESIAN LEGAL STUDIES

Abstract

Today there are groups that appear to bring controversial issues and become the object of debate for a number of parties. That is the emergence of sexual orientation groups (LGBT) Lesbian, Gay, Bisexual, and Transgender. These sexual orientation groups not only demand that their existence be respected in the community, but they also fight for same-sex marriage to be legalised by the marriage law. Not a few have adopted children, which of course will have an impact on the inheritance rights of the adopted child.

The author only focuses on the inheritance rights of adopted children in same-sex marriages. This research method uses normative juridical research, while this research approach uses a statutory approach, in this research the nature of the research is descriptive, as the data source taken from data sourced from secondary data obtained by library research. Then, the data is processed and carried out using qualitative analysis.

Based on the results of the research that the appointment of children who are not legalised by the determination of the panel of judges, their status is not valid in the eyes of the law because it can lead to adverse legal consequences for both the adopted child and his adoptive parents if one day there is a problem or dispute between each party. In addition, the rights of adopted children in LGBT couples are definitely under the status of inheritance that will still be obtained through unwritten law with the conditions decided and determined by the judge in accordance with Article 50 paragraph (1) of the Judicial Power Act. However, there is no customary law in Indonesia that recognises the existence of  LGBT because it is an act of moral violation for society