The Position of Adopted Children in the Customary Inheritance Law in the Simalungun Batak Tribal Community in Simalungun Regency

Oct 13, 2025 by magicalceylontours.com 44 views

The Position of Adopted Children in the Customary Inheritance Law in the Simalungun Batak Tribal Community in Simalungun Regency

Introduction

The Simalungun Batak Indigenous Peoples, residing in Simalungun Regency, have a unique social phenomenon known as the appointment of children. This practice is carried out by married couples who do not have offspring, with various motivations, including the desire to have a companion in old age, compassion, and the desire to have an heir. The Simalungun Batak tribe adheres to a patrilineal kinship system, where descendants are taken from the father's side. In this case, if a couple does not have a son or daughter, they can adopt children from relatives or from outside relatives.

The Tradition of Appointment of Children in the Simalungun Batak Community

The tradition of appointment of children in the Simalungun Batak community is carried out through traditional ceremonies involving families and surrounding communities, in front of "Dalihan Na Tolu", namely traditional leaders. If a married couple is unable to have children, in customary practice, the wife can be displayed, which means it is allowed to establish a husband and wife relationship with someone from the husband's family. If there is still no offspring, the wife will be returned to her parents' house. This practice is a common social phenomenon in the Simalungun Batak Indigenous Peoples, both in rural and urban areas.

Research Methodology

Analytical descriptive research was conducted in seven sub-districts in Simalungun Regency, involving interviews with 25 respondents, as well as data collection from 4 court determinations and 5 informants, including customary leaders, judges, and notaries. This study aims to understand more about the position of adopted children in the traditional inheritance system in the community.

Results

The results showed that the main motivation in the appointment of children is because a married couple who do not have offspring, the desire to have a companion in old age, compassion, and the desire to have an heir. Boys are the most frequent object of appointment, especially those from outside relatives. The subject of the appointment of children is usually a married couple who do not have children at all. Traditional ceremonies and the making of birth certificates from the Civil Registry Office are an important step in the process of appointment of children.

The Position of Adopted Children in the Customary Inheritance Law

In customary inheritance law, adopted children - both men and women - have inherited property from their adoptive parents. This phenomenon reflects the shift in traditional values in the Simalungun community, which may be influenced by the lack of formal regulations regarding the appointment of children, as well as the impact of education and religion adopted by the community. When adopted children are accepted in the family environment, they are considered equal to biological children, and kinship in "Dalihan Natolu" was formed.

Recognition of Adopted Children by the Court

In the view of the court, the appointment of children carried out in a customary manner is recognized and considered valid, so that the adopted child who has been ratified by the determination of the court has the same position as the biological child in the case of inheritance. This recognition highlights the importance of respecting tradition while adapting to social change.

Conclusion

The position of adopted children in the Simalungun Batak tribe community underlines the importance of respect for tradition as well as adaptation to social change. Through this practice, it can be seen that there is space for the community to maintain the values of inheritance while adapting to the demands of the times. This adds to an understanding of how culture and law can interact with each other in the context of the appointment of children, and their impact on the dynamics of family and inheritance in indigenous peoples.

Recommendations

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

Respect for Tradition: The community should respect the tradition of appointment of children, while adapting to social change.
Formal Regulations: The government should establish formal regulations regarding the appointment of children, to ensure that the rights of adopted children are protected.
Education and Religion: The community should continue to adopt education and religion that promote respect for tradition and the rights of adopted children.
Recognition by the Court: The court should continue to recognize the appointment of children carried out in a customary manner, to ensure that adopted children have the same position as biological children in the case of inheritance.

By implementing these recommendations, the Simalungun Batak community can maintain the values of inheritance while adapting to the demands of the times, and ensure that the rights of adopted children are protected.
Frequently Asked Questions (FAQs) about the Position of Adopted Children in the Customary Inheritance Law in the Simalungun Batak Tribal Community in Simalungun Regency

Q: What is the tradition of appointment of children in the Simalungun Batak community?

A: The tradition of appointment of children in the Simalungun Batak community is a social phenomenon where married couples who do not have offspring can adopt children from relatives or from outside relatives. This practice is carried out through traditional ceremonies involving families and surrounding communities, in front of "Dalihan Na Tolu", namely traditional leaders.

Q: Why do married couples adopt children in the Simalungun Batak community?

A: The main motivations for adopting children in the Simalungun Batak community are the desire to have a companion in old age, compassion, and the desire to have an heir. Boys are the most frequent object of appointment, especially those from outside relatives.

Q: How is the appointment of children carried out in the Simalungun Batak community?

A: The appointment of children is carried out through traditional ceremonies involving families and surrounding communities, in front of "Dalihan Na Tolu", namely traditional leaders. If a married couple is unable to have children, in customary practice, the wife can be displayed, which means it is allowed to establish a husband and wife relationship with someone from the husband's family. If there is still no offspring, the wife will be returned to her parents' house.

Q: What is the role of the court in the appointment of children in the Simalungun Batak community?

A: In the view of the court, the appointment of children carried out in a customary manner is recognized and considered valid, so that the adopted child who has been ratified by the determination of the court has the same position as the biological child in the case of inheritance.

Q: What are the benefits of adopting children in the Simalungun Batak community?

A: The benefits of adopting children in the Simalungun Batak community include the opportunity to have a companion in old age, compassion, and the desire to have an heir. Adopted children are also considered equal to biological children and have the same rights and responsibilities in the family.

Q: What are the challenges faced by the Simalungun Batak community in adopting children?

A: The challenges faced by the Simalungun Batak community in adopting children include the lack of formal regulations regarding the appointment of children, as well as the impact of education and religion adopted by the community. Additionally, the community may face challenges in adapting to social change and respecting tradition.

Q: How can the Simalungun Batak community maintain the values of inheritance while adapting to the demands of the times?

A: The Simalungun Batak community can maintain the values of inheritance while adapting to the demands of the times by respecting tradition, establishing formal regulations regarding the appointment of children, and promoting education and religion that respect tradition and the rights of adopted children.

Q: What is the significance of the appointment of children in the Simalungun Batak community?

A: The appointment of children in the Simalungun Batak community is significant because it reflects the community's values of respect for tradition, compassion, and the desire to have an heir. It also highlights the importance of adapting to social change and respecting the rights of adopted children.

Q: How can the appointment of children in the Simalungun Batak community be improved?

A: The appointment of children in the Simalungun Batak community can be improved by establishing formal regulations regarding the appointment of children, promoting education and religion that respect tradition and the rights of adopted children, and respecting tradition while adapting to social change.

Q: What is the future of the appointment of children in the Simalungun Batak community?

A: The future of the appointment of children in the Simalungun Batak community is uncertain, but it is likely that the community will continue to respect tradition while adapting to social change. The community may also establish formal regulations regarding the appointment of children and promote education and religion that respect tradition and the rights of adopted children.