Hiding the Origins of Adopted Children

Abstract

Concealing the ancestry of adopted children is a legal issue with serious implications, both from a criminal law and Islamic law perspective. This practice not only has the potential to violate statutory provisions but also contradicts the principle of clarity of lineage, which is highly respected in Islamic teachings. This study aims to analyze the legal status and consequences of concealing the ancestry of adopted children from the perspective of Indonesian criminal law and Islamic law. The research method used is normative legal research with a statutory and conceptual approach, through a review of laws and regulations, the Compilation of Islamic Law, and relevant legal literature. The results show that under Indonesian criminal law, concealing the ancestry of adopted children can be classified as a criminal offense, either as embezzlement of ancestry, false recognition of a child, or adoption that does not comply with legal procedures, which has implications for criminal sanctions. Meanwhile, from an Islamic legal perspective, concealing the ancestry of adopted children is a prohibited act because it damages the clarity of lineage, which impacts aspects of guardianship, inheritance, and the legal status of the child. Islam emphasizes that adoption is permitted only for foster care (kafalah), without changing the child's identity or lineage. Therefore, both criminal law and Islamic law emphasize the importance of transparency and honesty in adoption to protect children's rights and maintain legal order.