Journal of Law, Poliitic and Humanities
Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities

Juridical Analysis of Inheritance Handling for Heirs with Mental Disabilities

Raja V. Situmorang, Primus (Unknown)
Hayati, Mulida (Unknown)
Prama Wulandari, Vicka (Unknown)



Article Info

Publish Date
20 Sep 2025

Abstract

This study aims to analyze juridically how the civil law system in Indonesia, especially the Civil Code (KUH Percivil), regulates and protects inheritance rights for heirs who experience mental disorders. The type of research chosen is normative legal research with a legislative approach and a conceptual approach. In the context of inheritance distribution, problems arise when one of the heirs is incompetent due to a psychiatric condition, so his rights are often ignored or even used by other heirs. One of the case studies analyzed was the handling of inheritance and legal capacity in a family where an heir is mentally disturbed. This study found that the distribution of inheritances without involving or appointing legal representatives for heirs who are not legally competent is legally flawed and can be canceled. Therefore, the appointment of curators by the court is an important mechanism in ensuring justice and legal protection for those who experience mental disorders. This study recommends the need to increase legal understanding among the public and law enforcement officials regarding the importance of guardianship in the inheritance distribution process, as well as strengthening legal protection for people with mental disorders as part of the principle of equality before the law.

Copyrights © 2025






Journal Info

Abbrev

JLPH

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law, Poliitic and Humanities is a research journal in Law, Humanities and Politics published since 2020 by the Dinasti Research. This journal aims to disseminate research results to academics, practitioners, students, and other parties who are interested in the fields of Law, Humanities ...