Judges' Consideration On Decision Number 582/PDT.G/2019/PN.JKT.TIM Related Legitieme Portie From The Perspective Of The Civil Law Regarding The Division Of Inheritance

Mariana, Mariana and Djaja, Benny (2023) Judges' Consideration On Decision Number 582/PDT.G/2019/PN.JKT.TIM Related Legitieme Portie From The Perspective Of The Civil Law Regarding The Division Of Inheritance. Jurnal Jurisprudence, 13 (1).

Text (NOMOR 47) JUDGE'S CONSIDERATION ON DECISION NUMBER - RELATED LEGITIEME PORTIE FROM THE PERSPECTIVE OF THE CIVIL LAW REGARDING THE DIVISION OF IN HERITANCE.pdf Download (300kB)

Abstract

Purpose: The research aims to determine which comes first and is the higher heir according to law or will on the legal basis of the District Court Judge's Decision Number: 582/PDT.G/2019/PN.JKT.TIM between JM, who sued FN, FTN, AR, and JK. In her case, as the fifth child of the heirs, plaintiff/JM demanded a fair and equitable distribution of inheritance for all the heirs, both sons and daughters, where it turned out that the inheritance was only for daughters in the will. For this reason, this study aims to analyze (1) the basis for Decision Number: 582/PDT.G/2019/PN.JKT.TIM and determine (2) which heir takes precedence based on a will or law. Methodology: The research method used was descriptive analysis, with a normative juridical approach, i.e., library research conducted on secondary data. Results: The study concluded that the consideration of the judge's decision rejected the lawsuit because the lawsuit contained formal defects, was unclear or obscure (obscuur libel), and was unacceptable (Niet Onvantkelijk Verklaard). The selection of heirs based on a will must take precedence by winning the contents and distribution in a will, which is not against the law. The legal consideration is because the will is the testator's last will, but it still conflicts with the absolute portion of the legal property of the testator. Application of this study: This study provides input to readers to better know and understand the rights of heirs in Indonesian laws and regulations. Novelty/Originality of this study: There is a need for outreach to the community, especially couples who are Mariana & Benny Djaja 80 getting married and notaries or related parties, in the event of a purchase or transfer of movable or immovable property which can be inherited.

Item Type:	Article
Subjects:	Artikel
Divisions:	Fakultas Hukum > Ilmu Hukum
Depositing User:	fh perpus
Date Deposited:	19 Feb 2024 06:32
Last Modified:	19 Feb 2024 06:32
URI:	http://repository.untar.ac.id/id/eprint/42917

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