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All Journal Jurnal Kajian Hukum Dan Kebijakan Publik
Rayi Kharisma Rajib
Ilmu Hukum, Universitas Negeri Semarang
Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Hak Ahli Waris atas Harta Peninggalan dalam Sengketa Waris di Pengadilan Negeri Jakarta Pusat: Studi Putusan Nomor 174/Pdt.G/2023/PN Jkt.Pst. Rayi Kharisma Rajib; Muhammad Sultan Ulil Albab; Na’il Febrian Achmad
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/jkhkp.v3i2.1784

Abstract

Inheritance disputes are a common type of civil dispute in society because they involve the distribution and use of a decedent’s estate. In the Decision of the Central Jakarta District Court No. 174/Pdt.G/2023/PN Jkt.Pst, the dispute arose after two biological children sued their own siblings regarding the administration of their parents’ estate, namely the late Iksan Utojo and the late Livia Utojo. The main issue in this case lies in the obstruction of the process of managing and utilizing the estate because one of the heirs was unwilling to sign the inheritance declaration. As a result, the plaintiffs faced difficulties in handling the administrative matters and utilizing the estate for the family’s livelihood and future. Therefore, Judgment No. 174/Pdt.G/2023/PN Jkt.Pst serves as an important subject of study for understanding the application of civil inheritance law in Indonesia. This study employs a normative legal method using both a statutory approach and a case-based approach. The statutory approach was conducted by examining the inheritance law provisions in the Civil Code (KUHPerdata), while the case-based approach was conducted through an analysis of Judgment No. 174/Pdt.G/2023/PN Jkt.Pst along with the panel of judges’ legal considerations. The primary legal sources used in this study consist of the Civil Code and the court decision that is the subject of the study. In addition, this study also utilizes secondary legal sources, including books, journals, and expert opinions related to inheritance law and the resolution of civil disputes. The research findings indicate that the parties in the case were proven to be the lawful heirs of the same decedents, namely the late Iksan Utojo and the late Livia Utojo. The subject of the dispute in this case was also proven to be the estate or inheritance assets that must be distributed among all heirs. Based on the legal considerations made, the court ruled that each heir has an equal right to the estate, so that each heir receives a share of 1/3 of the total estate. This ruling demonstrates the importance of the court’s role in providing legal certainty and protecting the rights of heirs in accordance with the provisions of the Civil Code.
Legal Standing Ahli Waris Dalam Gugatan Pembagian Harta Bersama Dan Warisan: Analisis Yuridis Atas Putusan Verstek Nomor 547/Pdt.G/2024/Pn Jkt.Pst Rayi Kharisma Rajib; Afrilia Era Vazira; Nina Handayani
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/1rx1tp66

Abstract

This study discusses the concept of legal standing of heirs in Indonesian civil law and its application in Verstek Decision Number 547/Pdt.G/2024/PN Jkt.Pst. The main problem focuses on how the legal position of heirs is determined and its implications for legal certainty and protection of rights. The research method used is juridical-normative with a statutory approach and a case approach. The results of the study show that normatively, the legal standing of heirs is sourced from the provisions of the Civil Code, especially Articles 830, 832, and 833, which provide legal legitimacy to heirs to file a lawsuit. However, in practice, the recognition of legal standing relies heavily on formal proof. In the judgment analyzed, the lawsuit was rejected due to the lack of authentic evidence regarding the marital relationship, despite the existence of a factual family relationship. This shows that there is a tension between legal certainty and substantive justice. Therefore, a balance is needed between a formal approach and the protection of rights so that the law provides not only certainty, but also justice.
Tinjauan Yuridis terhadap Penyelesaian Sengketa Waris melalui Akta Perdamaian di Pengadilan Negeri Jakarta Pusat berdasarkan Putusan Nomor 582 Pdt G 2025 PN Jkt Pst Rayi Kharisma Rajib; Citra Bethari Ratih; Nayla Oktri Ramadhani
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/w83dez39

Abstract

This study aims to juridically analyze the settlement of inheritance disputes through a deed of settlement at the Central Jakarta District Court based on Decision Number 582/Pdt.G/2025/PN Jkt.Pst. Inheritance disputes are one of the civil disputes that frequently occur, particularly regarding the distribution of inheritance assets. In this case, the parties chose mediation, which was then formalized in a deed of settlement that is final and legally binding. This research employs a normative juridical approach using statutory and case study methods. The findings indicate that dispute resolution through a deed of settlement provides legal certainty, procedural efficiency, and upholds the principle of family consensus. Based on the decision, the parties agreed to divide the inheritance object in the form of land and buildings equally, with executorial force equivalent to a final and binding court judgment. The legal basis includes Article 130 HIR, Article 1338 of the Civil Code, and Article 27 paragraph (4) of Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court.
Perlindungan Hukum terhadap Hak Mutlak (Legitime Portie) Ahli Waris Golongan I dalam Sengketa Wasiat (Studi Analisis Putusan Nomor 345/Pdt.G/2025/PN Jkt.Pst) Rayi Kharisma Rajib; Anggun Lestari; Novita Eka Wardhani
Jurnal Kajian Hukum Dan Kebijakan Publik | E-ISSN : 3031-8882 Vol. 3 No. 4 (2026): Januari-Februari
Publisher : CV. ITTC INDONESIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62379/q9fvy711

Abstract

This research analyzes the legal protection of the absolute right (Legitime Portie) of Category I heirs in inheritance disputes, focusing on Court Decision Number 345/Pdt.G/2025/PN Jkt.Pst. The primary issue examined is the tension between the principle of freedom of testation (testamentaire vrijheid) and the legal obligation to protect the rights of forced heirs (legitimaris) under Article 913 of the Indonesian Civil Code (KUHPerdata). The research method employed is normative legal research using statutory, conceptual, and case approaches. The results indicate that biological children, as Category I heirs, hold the status of legitimacy who are entitled to a minimum portion of the inheritance that cannot be eliminated by the testator. In the analyzed decision, the Panel of Judges rejected the annulment of the will deed because the plaintiff failed to overturn the perfect evidentiary strength of the authentic deed. The judges reasoned that the application of the substitution vulgaris doctrine in the will did not directly violate the absolute right but merely postponed its execution to ensure the welfare of the surviving spouse. The protection of the absolute right is implemented through the recognition of the plaintiff's legal status as a legitimate heir, even though the execution of their economic rights is subject to the gradual distribution mechanism regulated in the will.
Co-Authors Afrilia Era Vazira Anggun Lestari Citra Bethari Ratih Muhammad Sultan Ulil Albab Nayla Oktri Ramadhani Na’il Febrian Achmad Nina Handayani Novita Eka Wardhani