Implikasi Legal Uncertainty Adopsi Non-Prosedural terhadap Hak Waris dan Perwalian

Abstract

The purpose of this study is to comprehensively analyze the adoption practices in Sungai Purun Kecil Village, test their compliance with the normative framework of the Compilation of Islamic Law (KHI) and Supreme Court Circular Letter (SEMA) Number 6 of 1983, and assess the legal validity of informal adoption practices. This research is crucial considering the normative disparity between formal state law and local community traditions, which has the potential to create legal uncertainty and violate children's civil rights. The method used is empirical legal research with a descriptive-analytical approach, involving field observations, legal document studies, and in-depth interviews with five key informants directly involved in adoption practices. Data analysis was conducted qualitatively using data reduction techniques, interpretation, and legal comparisons between the empirical findings and Articles 171 and 209 of the KHI and the SEMA. The results show that the majority of adoption practices in Sungai Purun Kecil Village are dominated by underhand (sirri) adoption mechanisms based on family agreements, driven by minimal legal literacy and normative resistance to the perceived complexity of Religious Court procedures, as well as the belief that moral intent is sufficient. Legally, this practice aligns with the principle of non-termination of lineage in the Indonesian Islamic Law (KHI), but demonstrates substantive inconsistencies regarding inheritance rights, where society tends to equate the rights of adopted children with biological children, contrary to the provisions of the KHI. The majority of non-procedural adoptions without a Religious Court ruling cannot be validated based on the KHI and SEMA, which results in the child's status being in legal uncertainty, especially regarding marital guardianship and future inheritance disputes. Proactive litigation programs such as Integrated Mobile Courts by Religious Courts and comprehensive legal education are recommended to bridge this cultural-normative gap for maximum legal protection for children.