Ipso Jure
Vol. 2 No. 2 (2025): Ipso Jure - March

Relationship Of The Crime Of Embezzlement Of Inheritance Rights  In The Family Environment

Andre Sutjahja (Universitas Dr Soetomo)
Subekti Subekti (Universitas Dr Soetomo)
Suhartoyo Suhartoyo (Universitas Dr Soetomo)



Article Info

Publish Date
27 Mar 2025

Abstract

The crime of embezzlement is a criminal act against human property as regulated in the Criminal Code (KUHP). Embezzlement can occur at all levels of society, from lower to upper classes, and often stems from trust that is later broken due to dishonesty. Even within families, a lack of mutual trust can lead to such crimes. This research examines the criminal responsibility of family members who embezzle inherited property. The study uses a normative juridical approach, analyzing secondary legal sources such as laws, books, and encyclopedias. The findings reveal that embezzlement of inherited assets involves unlawfully controlling property or rights that should be distributed among heirs. Inheritance consists of assets left by a deceased person (the heir) for their family (heirs) and must be divided according to legal provisions.  Article 367 of the KUHP categorizes theft within a family as embezzlement when committed by a family member. Meanwhile, Article 376 states that embezzlement within a family is a complaint offense, meaning prosecution can only proceed if the victim files a report. If the report is withdrawn, legal proceedings are halted. Thus, family embezzlement cases often depend on the victim’s decision to pursue legal action.

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Journal Info

Abbrev

IJJ

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ipso Jure is an international, peer-reviewed, open access journal dedicated to advancing scholarly research and discourse in the field of law, with a particular emphasis on the principles of the rule of law. The journal aims to provide a platform for academics, legal practitioners, policymakers, and ...