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All Journal The Easta Journal Law and Human Rights Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora (JURRISH)
M. Slamet Turhamun
Universitas Jayabaya
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty of the Forced Share (Legitime Portie) of Legitimaries in Relation to Testamentary Grants that Violate the Forced Share Andri Jatnika Sungkawa Putra; Felisitas Sri Marniati; M. Slamet Turhamun
The Easta Journal Law and Human Rights Vol. 4 No. 03 (2026): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v4i03.1023

Abstract

Inheritance arises upon a person’s death and is governed by civil inheritance law. Although Article 874 of the Indonesian Civil Code allows inheritance distribution through a will, such freedom is limited by the compulsory portion (legitime portie) protected under Article 913. In practice, testamentary grants that infringe upon the compulsory portion frequently occur, resulting in disputes among heirs, challenges to testamentary deeds, and inconsistencies in judicial decisions. This study examines the legal consequences of testamentary grants that violate the compulsory portion and analyzes the legal certainty afforded to legitime heirs. The research applies Soeroso’s theory of legal consequences to assess changes in legal relationships resulting from the annulment of testamentary grants and Jan Michiel Otto’s theory of legal certainty to evaluate the consistency of legal norms and judicial reasoning. Using a normative juridical method, the study relies on primary, secondary, and tertiary legal materials through statutory, case, conceptual, and analytical approaches. The findings reveal that testamentary grants violating the compulsory portion may be partially or wholly annulled, depending on the extent of the infringement. Such annulment serves as a legal sanction for violating mandatory inheritance provisions and affects the legal position of beneficiaries by reducing or eliminating rights obtained under the will. Legal certainty is reflected in the recognition of legitime heirs’ protected rights and the consistent application of inheritance norms by courts. The study recommends greater diligence by notaries in drafting wills and the development of jurisprudential guidelines to promote consistency in court decisions concerning legitime portie and inheritance disputes.
Perlindungan Hukum Anak dalam Perwalian Terkait Peralihan Harta Peninggalan Orang Tua Kepada Wali Menurut Hukum Perdata Alwi Bin Syeh Abubakar; Felicitas Sri Marniati; M. Slamet Turhamun
Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora Vol. 5 No. 1 (2026): Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jurrish.v5i1.6826

Abstract

Guardianship has an important role in supervising minors, including the management of their parents' inherited property as stipulated in Article 51 paragraph (3) of the Marriage Law. However, the practice shows that there is an abuse of authority by the guardian, who controls and even transfers inheritance not for the benefit of the child. This research aims to examine the legal consequences of the transfer of the inheritance of minors to guardians as well as the forms of legal protection available, with a case study of the Banten High Court Decision Number 89/Pdt/2015/PT BTN. The method used is normative legal research with legislative, conceptual, analytical, and case approaches, and uses legal consequences theory from R. Soeroso and legal protection theory from Satjipto Rahardjo. The results of the study show that the control of property by the guardian can cause the loss or escape of the child's inheritance, especially if there is no strict supervision and regulation. Therefore, it is necessary to affirm the legal status of children's inheritances, regulate the authority of guardians more strictly, and apply effective legal sanctions to prevent abuse. The litigation route is an important instrument in legal protection so that children can regain their rights fairly. This research contributes to strengthening the guardianship legal system in Indonesia, especially in the context of protecting children's rights to inheritance.
Co-Authors Alwi Bin Syeh Abubakar Andri Jatnika Sungkawa Putra Felicitas Sri Marniati Felisitas Sri Marniati