Purba, Van Lodewijk
Universitas Simalungun

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Legal Analysis of the Rights and Obligations of Heirs in Full Inheritance Based on the Civil Code Gultom, Sarles; Sipayung, Parlin Dony; Purba, Van Lodewijk; Ulinta, Novi Marnata Roma; Damanik, Bela Riksa Z
Journal Analytica Islamica Vol 12, No 2 (2023): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v12i2.23421

Abstract

Inheritance is a regular process in civil law that regulates a person's assets after death to his/her heirs. According to Article 832 of the Civil Code, those who are entitled to be heirs are blood relatives, both those who are legitimate according to the law and those who are not married, and the longest-living husband and wife. This study aims to explain the rights and obligations of heirs in inheritance. The problem is formulated into three questions which in essence will discuss the regulation of the rights and obligations of heirs in inheritance entirely based on the civil code, as well as the role of heirs in the inheritance process. The research method used is the Normative Juridical legal research method. Data were collected through literature searches or libraries. Data analysis was carried out qualitatively, so that answers presented in the formulation of the problem could be found. The results of the study found that the Civil Code affirms specific rights and obligations for heirs. The rights of heirs according to the Civil Code include the right to receive a portion of the inheritance, including legally valid assets. They also have the right to file a lawsuit to protect their inheritance rights. On the other hand, heirs have an obligation to respect the will stated in the will, if any, and to divide the inheritance fairly in accordance with the provisions stipulated in the Civil Code. This obligation includes proportional distribution between heirs and settlement of debts and other obligations on the inheritance. Thus, the Civil Code provides a clear and firm legal framework for heirs in fully managing inheritance. To provide a deep understanding of the rights and obligations of heirs in inheritance, the application of civil law can be carried out fairly and in accordance with applicable provisions.
Juridical Analysis of the Crime of Murder Due to Overmacht in the Perspective of Criminal Law Purba, Van Lodewijk; Saragih, Chivron; Damanik, Jenriswandi
Journal Analytica Islamica Vol 12, No 2 (2023): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v12i2.23418

Abstract

In social life, humans are always faced with various legal norms that are obeyed and obeyed, because the legal norms contain a rule that becomes a reference or life guide for each individual. One of the objectives of legal norms is to establish safety and order in society. These legal norms are sometimes born in the form of orders to be carried out and sometimes born in the form of prohibitions to be avoided or not done. One of the legal norms born in the form of prohibition is the crime of murder which is regulated in criminal law. Law enforcement in Indonesia, guidance and direction, need to be done so that the law is able to meet the needs in accordance with the level of progress of Indonesian society. Law enforcement is the responsibility of all levels of society and especially those who have an interest in the law because everyone is considered to know and at least feel what is called the law.