Jurnal CENDIKIA ISNU
Vol. 2 No. 2 (2025): ISNU Cendikia September

Concept and Procedures for the Distribution of Joint Inheritance for Heirs of Classes I, II, and III According to the Civil Code (Burgerlijk Wetboek)

Geri Pratama Andika (Universitas Islam Negeri Sumatera Utara)
Imam Kurniawan (Universitas Islam Negeri Sumatera Utara)
Perwira Al Arasy (Universitas Islam Negeri Sumatera Utara)
Osama Pangestu (Universitas Islam Negeri Sumatera Utara)
Mhd Rafli Afrilianda Saragih (Universitas Islam Negeri Sumatera Utara)



Article Info

Publish Date
29 Sep 2025

Abstract

This study discusses the concept and procedures for inheritance distribution based on the rules in the Civil Code (BW) (Burgerlijk Wetboek), specifically the distribution involving heirs from classes 1, 2, and 3 simultaneously. The Civil Code regulates inheritance distribution in stages based on close blood relations to ensure fairness in the distribution of inherited assets. However, in practice, inheritance distribution often faces complexities due to the presence of heirs from different classes, the influence of wills or gifts, and conflicts between heirs. This study uses a qualitative approach with descriptive analysis to explore these issues. The results show that the main complexities lie in the differences in rights among heirs within one class, the simultaneous presence of heirs from different classes, and administrative and document constraints. Family conflicts often exacerbate the situation, requiring mediation or legal settlement to achieve justice. As solutions, the involvement of notaries, document digitization, increasing legal literacy, and mediation are identified as effective steps to overcome these challenges. This study provides insight into the importance of alignment with the Civil Code (BW) in ensuring legal certainty and justice in inheritance distribution.

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Journal Info

Abbrev

jcisnu

Publisher

Subject

Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

Description

Jurnal Cendikia ISNU SU is a scholarly platform dedicated to advancing research and critical discussions in the field of law. The journal embraces a wide range of topics that reflect the dynamic development of legal studies, both in national and international contexts. The scope of the journal ...