Rights and Position of Home Children In The Sanahu Community of West Part of Seram District

Barzah Latupono(1email), Adonia Ivonne Laturette(2), Pieter Radjawane(3)


(1) Faculty of Law Pattimura University, Ambon, Indonesia
(2) Faculty of Law Pattimura University, Ambon, Indonesia
(3) Faculty of Law Pattimura University, Ambon, Indonesia
email Corresponding Author
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Abstract


Introduction: The offspring of a husband and wife being taken as children for another family, whether close relatives or distant relatives based on an agreement which of course gives rise to the rights and position of the adopted child, for this reason it is necessary to establish the rights and position of the child. so it won't cause problems in the future.

Purposes of the Research: To find out and analyze the rights and position of returning children in the Sanahu Community, West Seram Regency.

Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the rights and position of returning children in the Sanahu Community, West Seram Regency. The workings of the empirical juridical or sociological juridical method in this research proposal, namely from the results of collecting and discovering data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts existing in society.

Results of the Research: The results of the research show that the rights and position of children returning home in the Sanahu Community of West Seram Regency are regulated based on customary rules that developed in Sanahu Village where adopted children will be classified as legitimate children of the parents who adopted them and have the position of biological children so that they have the right to the inheritance of that person. The parents adopted him, but the assets he inherited were only the joint assets of his adoptive parents. The child's inherited assets did not have the right to inherit them.

Keywords


Position and Rights; Children Returning Home; Indigenous Peoples.


DOI


10.47268/ballrev.v4i2.1840

Published


2023-11-14

How To Cite


APA: Latupono, B., Laturette, A.I., & Radjawane, P. (2023). Rights and Position of Home Children In The Sanahu Community of West Part of Seram District. Batulis Civil Law Review, 4(2), 113-118. DOI: https://doi.org/10.47268/ballrev.v4i2.1840.
IEEE: B. Latupono, A.I. Laturette, and P. Radjawane, "Rights and Position of Home Children In The Sanahu Community of West Part of Seram District", Batulis Civ. Law Rev., vol. 4, no. 2, pp. 113-118, Nov. 2023. Accessed on: Dec. 22, 2024. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v4i2.1840
Harvard: Latupono, B., Laturette, A.I., and Radjawane, P., (2023). "Rights and Position of Home Children In The Sanahu Community of West Part of Seram District". Batulis Civil Law Review, Volume 4(2), pp. 113-118. [Online]. Available DOI: https://doi.org/10.47268/ballrev.v4i2.1840 (Accessed on: 22 December 2024)
Chicago: Latupono, Barzah, Adonia Ivonne Laturette, and Pieter Radjawane. "Rights and Position of Home Children In The Sanahu Community of West Part of Seram District." Batulis Civil Law Review 4, no. 2 (November 14, 2023): 113-118. Accessed December 22, 2024. doi:10.47268/ballrev.v4i2.1840
Vancouver: Latupono B, Laturette AI, Radjawane P. Rights and Position of Home Children In The Sanahu Community of West Part of Seram District. Batulis Civ. Law Rev. [Internet]. 2023 Nov 14 [cited 2024 Dec 22];4(2):113-118. Available from: https://doi.org/10.47268/ballrev.v4i2.1840
MLA 8th: Latupono, Barzah, Adonia Ivonne Laturette, and Pieter Radjawane. "Rights and Position of Home Children In The Sanahu Community of West Part of Seram District." Batulis Civil Law Review, vol. 4, no. 2, 14 Nov. 2023, pp. 113-118, doi:10.47268/ballrev.v4i2.1840. Accessed 22 Dec. 2024.
BibTeX:
@article{BALLREV1840,
		author = {Barzah Latupono and Adonia Laturette and Pieter Radjawane},
		title = {Rights and Position of Home Children In The Sanahu Community of West Part of Seram District},
		journal = {Batulis Civil Law Review},
		volume = {4},
		number = {2},
		year = {2023},
		keywords = {Position and Rights; Children Returning Home; Indigenous Peoples.},
		abstract = {Introduction: The offspring of a husband and wife being taken as children for another family, whether close relatives or distant relatives based on an agreement which of course gives rise to the rights and position of the adopted child, for this reason it is necessary to establish the rights and position of the child. so it won't cause problems in the future.Purposes of the Research: To find out and analyze the rights and position of returning children in the Sanahu Community, West Seram Regency.Methods of the Research: This research was conducted using an empirical juridical approach which is a descriptive qualitative analysis study. The research attempts to describe the rights and position of returning children in the Sanahu Community, West Seram Regency. The workings of the empirical juridical or sociological juridical method in this research proposal, namely from the results of collecting and discovering data and information through literature study of the basic assumptions or presumptions used in answering the problems in this research, then inductive-verification testing is carried out on the latest facts existing in society.Results of the Research: The results of the research show that the rights and position of children returning home in the Sanahu Community of West Seram Regency are regulated based on customary rules that developed in Sanahu Village where adopted children will be classified as legitimate children of the parents who adopted them and have the position of biological children so that they have the right to the inheritance of that person. The parents adopted him, but the assets he inherited were only the joint assets of his adoptive parents. The child's inherited assets did not have the right to inherit them.},
				issn = {2746-8151},		pages = {113--118}			doi = {10.47268/ballrev.v4i2.1840},
				url = {https://fhukum.unpatti.ac.id/jurnal/ballrev/article/view/1840}
		}
		
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Surojo Wignjodipoero, Introduction and Principles of Customary Law, Gunung Agung, Jakarta, 1983

Sharty Dellyana, Women and Children in the Eyes of the Law, Liberty, Yogyakarta, 1988Zaini, Mudernis. Adoption of a Goal of Three Legal Systems. Jakarta: Sinar Graphics, 2002.

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