Yuridika
Vol. 32 No. 2 (2017): Volume 32 No 2 May 2017

KEDUDUKAN NEGARA SEBAGAI PENGELOLA WARISAN ATAS HARTA PENINGGALAN TAK TERURUS MENURUT SISTEM WARIS BURGERLIJK WETBOEK

Oemar Moechthar (Fakultas Hukum Universitas Airlangga)



Article Info

Publish Date
15 May 2017

Abstract

The legal system of inheritance in Indonesia is divided into three systems, namely western heirs legal system derived from burgerlijk wetboek (hereinafter referred to as "BW"), the legal system of inheritance of Islam derived from the Qur'an, hadith and ijma, and customary inheritance law. Burgerlijk Wetboek inheritance law governing the possible legacy of someone who would fall into the state and controlled by the state. In certain cases the state on an inheritance from the testator if the testator leaves no heir, and wills, so that the legacy of the heir to the legacy categorized as slipshod heritage (onbeheerde nalatenschap). In this case the Orphan’s Court takes its participation to act as the manager of the neglected. The method used in this research is the approach statute and case approach. The study is in the context of the legal approach doctrinal legal research, but did not rule on the legal interpretation methods can be primarily related to the issues to be investigated. Regulation of Orphan’s Court in Indonesia remains sectoral and still former colonial possessions, so that the necessary regulations concerning Orphan’s Court Law form containing tasks, functions, powers, rights and obligations of the institution.

Copyrights © 2017






Journal Info

Abbrev

YDK

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The scope of Yuridika article concerns dogmatic legal studies, this is the procedure of scientific research to find the truth of the logic of the dogmatic legal studies, particulary in developing and emerging countries. These may include but are not limited to various field such as : 1 Criminal Law; ...