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All Journal Journal of International Islamic Law, Human Right and Public Policy
Rianedo Anggriawan
Universitas Alwashliyah
Religion Law, Crime, Criminology & Criminal Justice

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A JURIDICAL REVIEW OF THE LIMITS ON TESTAMENTARY FREEDOM: PROTECTION OF ABSOLUTE RIGHTS (LEGITIME PORTIE) FROM THE PERSPECTIVE OF DISTRIBUTIVE JUSTICE Asmuni; Qori Rizqiah H. Kalingga; Rianedo Anggriawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Civil inheritance law in Indonesia, which is historically rooted in the Burgerlijk Wetboek (BW), possesses unique juridical characteristics that emphasize the protection of heirs' civil rights through the concept of Legitime Portie. This principle establishes an absolute share that cannot be infringed upon by any party, including the testator's own free will. However, within contemporary social dynamics and legal practices, tensions frequently arise between the individual sovereignty of the testator in drafting a will (testament) and the protection of forced heirship rights guaranteed by law. This conflict-of-interest sparks debate regarding the limits of personal autonomy in allocating wealth post-mortem. This article aims to analyze in depth the effectiveness of legal protection for forced heirs (legitimaris) and to dissect the patterns of inheritance dispute resolution through the lens of distributive justice. In this context, distributive justice is employed to evaluate whether the distribution of assets based on the rigid figures within the Legitime Portie fulfills a sense of proportional justice for heirs, while considering moral and humanitarian aspects. The research method used in this study is normative juridical, focusing on in-depth literature review. The research approaches include the statute approach and the conceptual approach. Through this analysis, it is found that although the Legitime Portie provides strong legal certainty, flexibility in judicial interpretation is required to accommodate a sense of justice for heirs who factually demonstrate greater devotion to the testator. Thus, inheritance law should not merely function as a rigid administrative regulation but rather as an instrument of substantive justice.
Co-Authors Asmuni Qori Rizqiah H. Kalingga