The Mandailing community should continue to maintain and respect their customary law

Oct 13, 2025 by magicalceylontours.com 22 views

Juridical Analysis The Position of Adopted Children in Terms of Mandailing Customary Law in North Panyabungan District

Introduction

The appointment of a child is a significant legal action that aims to move the status of a child from their parents or legitimate guardians into a new family environment, namely adoptive parents. In Indonesian society, the appointment of children has become a common and accepted thing. In the context of customary law, especially Mandailing customary law that adheres to the patrilineal system, the appointment of children has an important role in continuing the lineage, especially for married couples who do not have biological children. Understanding the position of adopted children in Mandailing customary law is crucial in providing insight into the legal and social implications of this tradition.

The Process of Appointment of Children in Mandailing Customary Law

According to Mandailing customary law, the process of appointment of children is not only a formality but involves certain rituals and conditions. Families who want to lift children must go through a traditional process called Rajahon, where this ceremony must be attended by the closest family and customary elections. This aims to maintain the sacredness and legitimacy of the child's appointment process. The Rajahon ceremony is a crucial step in the appointment of children, as it provides customary blessing and legality to the process.

Research conducted in this context uses a descriptive empirical juridical approach. The data sources used include primary data obtained through field interviews and observations, as well as secondary data from relevant literature. Data analysis is carried out qualitatively, so that a deductive conclusion can be drawn regarding the process and implications of the appointment of children in the Mandailing community.

Factors and Process of Appointment of Children

The results showed that one of the main factors that encourage the Mandailing community in North Panyabungan District to lift children is the desire to continue the lineage. In a social context, the inability to have biological children is often considered a lack of a family, so that the appointment of children is a solution to maintain the existence of the family. The desire to continue the lineage is a significant factor in the appointment of children in Mandailing customary law.

The child's appointment process begins with an agreement between the family who lifts the child and the biological family of the child. This agreement is known as Marpokat, where both parties agreed on the intentions and responsibilities to be carried out. After that, the implementation of the Rajahon ceremony becomes an important step that must be taken, where all parties are involved in the ceremony to provide customary blessing and legality. The Marpokat agreement is a crucial step in the appointment of children, as it provides a clear understanding of the intentions and responsibilities of both parties.

Legal Consequences and Rights of Adopted Children

Legally, children appointed by the adoptive family will have the same rights as biological children, including inheritance rights to the assets of adoptive parents. This shows that in the context of Mandailing customary law, the appointment of children is not just an emotional aspect, but also affects the legal status of children in the adopted family. Adopted children are obliged to respect their adoptive parents, just like biological children who are expected to respect their biological parents. The legal consequences of the appointment of children are significant, as it affects the rights and responsibilities of both the adoptive family and the adopted child.

In addition, the appointment of children can also strengthen family ties, where adopted children play an active role in maintaining the good name and family honor. Thus, the appointment of children not only benefits the party who lifts the child, but also provides a better hope and a future for the child who is appointed. The appointment of children can have a positive impact on family ties and social relationships.

Conclusion

The appointment of children in the Mandailing community in North Panyabungan District reflects the existing cultural and customary law. The processes and conditions that must be met indicate how serious the Mandailing community is in carrying out this tradition. The results of this study are expected to provide deeper insight into the legal position of adopted children and social and cultural implications of the appointment of children in the region. By understanding this juridical and cultural aspects, it is hoped that there will be better efforts in maintaining tradition while still providing appropriate legal protection for adopted children. The appointment of children in Mandailing customary law is a complex and multifaceted issue that requires a comprehensive understanding of the legal, social, and cultural implications.

Recommendations

Based on the findings of this study, the following recommendations are made:

The Mandailing community should continue to maintain and respect their customary law, including the appointment of children, as it is an important part of their cultural heritage.
The government and relevant authorities should provide support and protection for adopted children, including their rights and responsibilities, to ensure that they are treated fairly and equally.
Further research should be conducted to explore the social and cultural implications of the appointment of children in Mandailing customary law, including its impact on family ties and social relationships.

By following these recommendations, it is hoped that the appointment of children in Mandailing customary law can be maintained and respected, while also providing appropriate legal protection for adopted children.
Frequently Asked Questions (FAQs) about the Position of Adopted Children in Mandailing Customary Law

Q: What is the significance of the appointment of children in Mandailing customary law?

A: The appointment of children in Mandailing customary law is significant because it allows families to continue their lineage and maintain their family ties. It is also a way for families to provide a better future for children who do not have biological parents.

Q: What is the process of appointment of children in Mandailing customary law?

A: The process of appointment of children in Mandailing customary law involves several steps, including the Marpokat agreement between the family who lifts the child and the biological family of the child, and the Rajahon ceremony, which provides customary blessing and legality to the process.

Q: What are the legal consequences of the appointment of children in Mandailing customary law?

A: The legal consequences of the appointment of children in Mandailing customary law include the granting of inheritance rights to the assets of adoptive parents, and the obligation of adopted children to respect their adoptive parents.

Q: How does the appointment of children affect family ties and social relationships?

A: The appointment of children can have a positive impact on family ties and social relationships, as adopted children play an active role in maintaining the good name and family honor of their adoptive family.

Q: What are the challenges faced by adopted children in Mandailing customary law?

A: Adopted children in Mandailing customary law may face challenges such as adjusting to their new family environment, and navigating their new relationships with their adoptive parents and biological family.

Q: How can the government and relevant authorities support adopted children in Mandailing customary law?

A: The government and relevant authorities can support adopted children in Mandailing customary law by providing them with access to education, healthcare, and other essential services, and by ensuring that their rights and responsibilities are protected.

Q: What is the role of the community in supporting adopted children in Mandailing customary law?

A: The community plays a significant role in supporting adopted children in Mandailing customary law by providing them with emotional support, and by helping them to adjust to their new family environment.

Q: How can the appointment of children in Mandailing customary law be maintained and respected while also providing appropriate legal protection for adopted children?

A: The appointment of children in Mandailing customary law can be maintained and respected while also providing appropriate legal protection for adopted children by ensuring that the process is carried out in accordance with the law, and by providing support and protection to adopted children.

Q: What are the implications of the appointment of children in Mandailing customary law for the broader community?

A: The appointment of children in Mandailing customary law has implications for the broader community, including the maintenance of family ties and social relationships, and the provision of a better future for children who do not have biological parents.

Q: How can further research be conducted to explore the social and cultural implications of the appointment of children in Mandailing customary law?

A: Further research can be conducted to explore the social and cultural implications of the appointment of children in Mandailing customary law by conducting field studies, and by analyzing data from relevant literature.

Q: What are the recommendations for the government and relevant authorities to support adopted children in Mandailing customary law?

A: The government and relevant authorities are recommended to provide support and protection to adopted children, including their rights and responsibilities, to ensure that they are treated fairly and equally.

Q: What are the recommendations for the community to support adopted children in Mandailing customary law?

A: The community is recommended to provide emotional support to adopted children, and to help them to adjust to their new family environment.

By answering these frequently asked questions, we hope to provide a better understanding of the position of adopted children in Mandailing customary law, and to highlight the importance of maintaining and respecting this tradition while also providing appropriate legal protection for adopted children.