Publication Search

Marriage agreements frequently give rise to juridical issues when intersecting with inheritance law, particularly within the context of second marriages. This study is based on an inheritance dispute examined in the Palangka Raya District Court Decision Number 21/Pdt.G/2022/PN.Plk, wherein the second wife argued the existence of a marriage agreement to annul the inheritance rights of children from the previous marriage. Using a normative juridical method with statutory and case approaches, this research evaluates the agreement’s validity against formal registration requirements and freedom of contract limitations. The findings indicate that the marriage agreement invoked by the defendant was declared invalid and lacked binding legal force due to noncompliance with the formal registration requirements under Article 29 of the Marriage Law and the inclusion of clauses contrary to inheritance provisions in the Civil Code, particularly concerning the rights of children as lawful heirs. Consequently, the disputed property was classified as marital property to be distributed among all heirs in accordance with applicable law. This study affirms that freedom of contract in marriage agreements is limited and cannot override legal protection of legitimate heirs.

Basically, heirs have the same legal position as the testator in agreement disputes, including sale and purchase agreements made before the testator dies. However, in practice, there is often a discrepancy between the legal provisions and their implementation, especially when there is a conflict between the heirs and third parties. This can be seen in the dispute between Baniyamin as the buyer and the heirs of Muhammad Husen, where the shophouse sale and purchase agreement ended with a default on the part of the seller, so that the responsibility to provide compensation was imposed on the heirs. This research aims to analyse the legal position of the heirs in a dispute over a sale and purchase agreement involving the heir's estate and the form of legal protection that should be given to the heirs. This research uses normative juridical research and case study approach. Data analysis uses a qualitative method. The results show that the position of the heirs is found in the saisine principle in Article 833 of the Civil Code, the rights and obligations of the testator automatically pass to the heirs. The legal protection of heirs is regulated in Articles 833, 1045, and 1100 of the Civil Code, which provide the right to inheritance with debt responsibility limited to the value of the inheritance and the right to refuse harmful inheritance.

An heir whose whereabouts are unknown refers to a person presumed missing, with no confirmation of life or death. This thesis examines the juridical settlement of inherited assets under civil law, focusing on Case Study Decision Number: 200/Pdt.P/2023/PN Jkt.Tim. The research employs a normative legal method, analyzing statutory regulations (law in book). According to Article 463 of the Civil Code, an heir whose whereabouts cannot be confirmed still retains inheritance rights, supported further by Article 467. However, if the court officially declares the missing person as deceased, their legal status as an heir ceases, and their position is transferred to a substitute heir. This substitution is governed by Article 841 of the Civil Code, which assigns all rights and obligations of the original heir to the replacement. Importantly, the substitute heir may only assume control of the inherited assets after a court decision has declared the original heir legally missing or deceased. Without such a ruling, no transfer or control of inheritance can occur. This ensures legal certainty and protects the rights of all parties involved in the inheritance process.

This study aims to analyze the normative provisions regarding women's inheritance rights in three legal systems applicable in Indonesia, namely Islamic law, customary law, and civil law. These three systems have different legal bases, values, and mechanisms in regulating inheritance rights, especially regarding the position and rights of women as heirs. Islamic law determines women's inheritance shares based on the provisions of the Qur'an and Al-Hadith or As Sunnah with the principle of proportionality according to socio-economic responsibilities in the family. On the other hand, customary law is highly dependent on the local kinship system, whether patrilineal, matrilineal, or bilateral, which causes great variation in granting inheritance rights to women. Meanwhile, civil law originating from the Civil Code emphasizes equality between men and women in inheritance rights, without gender differentiation. This study uses a normative legal approach with a qualitative analysis method on primary and secondary legal materials. The results of the study show that although normatively civil law and several customary law systems provide space for equality, in social practice and cultural interpretation of women in obtaining inheritance rights, harmonization between legal systems is still needed, as well as increasing legal awareness in society for women. This study also emphasizes the importance of strengthening the role of the state and law enforcement officers in implementing inheritance rights for women.

This study aims to ensure that heirs cannot be simply removed or not handed over to heirs who have rights. Because there are two types of heirs, this is regulated by the Civil Code, namely heirs based on marriage and descent, and heirs determined through a will. This study applies a normative approach, which focuses on literature studies in the field of law. Normative legal research examines legal behavioral products, such as laws, through normative case studies.

The position of nephews as substitute heirs in inheriting inheritance often raises questions because they do not have direct blood relations with the testator. However, the Civil Code has regulated the provisions of inheritance by substitute heirs. This research examines what is meant as inherited property, how are the provisions of substitute heirs in the Civil Code, and what is the position of nephews as substitute heirs to inherited property. The purpose of this research is to provide an analysis related to the position of nephews as substitute heirs so that it can be a reference in the process of dividing the inheritance. This research uses normative research methods with a statutory approach. The results of the research show that the Civil Code has regulated and guaranteed that nephews as substitute heirs can have the right to receive inheritance from the testator.