Indonesian Supreme Court Decision No. 417: Cassation Appeal for Inheritance Application Made By Adopted Child Granted

The cassation applicant sought to challenge Malang Religious Court Decision No. 915 of 2015, as well as Surabaya High Religious Court Decision No. 243 of 2015, on the grounds that the preceding courts had incorrectly applied the law or contravened the law, as provided in art 30(1)(b) of Law No. 14 of 1985, Law No. 5 of 2004, Law No. 3 of 2009 on the Indonesian Supreme Court.

In granting the cassation applicant's appeal, the Supreme Court found that the preceding courts had both erred in determining that the cassation applicant was not the adopted child of Fatchul Isya'i at law. The Supreme Court held that the acknowledgment from the cassation respondents that the cassation applicant was indeed the adopted child of Fatchul Isya'i was a relevant and conclusive consideration. Moreover, because Fatchul Isya'i had adopted the cassation applicant in 1982, prior to the enactment of the Compilation of Islamic Laws in 1991, art 171 of the Compilation of Islamic Laws was inapplicable to the facts of the case.

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