Law Research Review Quarterly
Vol. 12 No. 5 (2026): Special Edition Part 1

INHERITANCE RIGHTS PROTECTION FOR FETUS IN UTERO THROUGH TRUST-LIKE MECHANISM AS A NORMATIVE SOLUTION IN INDONESIAN

Rayi Kharisma Rajib (Univeristas Negeri Semarang)
Chatrine Novianti Sitanggang (Unknown)
Veny Gambini Tampubolon (Unknown)



Article Info

Publish Date
19 May 2026

Abstract

The regulation of inheritance rights for a fetus in utero has been recognized under the Kitab Undang-Undang Hukum Perdata (KUHPerdata) through the principle of nasciturus pro iam nato habetur, which grants a conditional legal status provided the fetus is subsequently born alive. However, this recognition lacks an adequate legal mechanism to ensure the management and protection of inherited assets during the period when the legal subject is not yet capable of exercising those rights. This study employs a juridical normative method with conceptual, statutory, and comparative approaches to analyze the normative weaknesses in the existing regulation and to formulate a trust-like mechanism as an adaptive solution within the Indonesian civil law system. The analysis reveals five structural weaknesses in the current regulation: ambiguity in gestational age verification, absence of interim asset management mechanisms, inconsistency with child.  

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Journal Info

Abbrev

snh

Publisher

Subject

Education Law, Crime, Criminology & Criminal Justice

Description

The Law Research Review Quarterly has a history and rich vein of legal scholarship, especially for law student, combining distinct publication on the law of Indonesia, as well as Southeast Asia, and prominence within the Faculty of Law Universitas Negeri Semarang, with leading contributions to the ...