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Edunity

Volume 2 Number 9, September, 2023

p- ISSN 2963-3648- e-ISSN 2964-8653

Doi:

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JURIDICAL ANALYSIS OF THE DIVISION OF INHERITANCE TO THE

HEIRS OF DIFFERENT MARRIAGES (DECISION NUMBER

435/PDT/2018/PT MDN)

Zakiyah Triyana Hardi

, Benny Djaja

Tarumanegara University, West Jakarta, Indonesia

Email: zakiya[email protected]

, [email protected].ac.id

ABSTRACT

Abstract: In civil inheritance law, a principle applies, namely if someone dies (heir), then by law

and immediately his rights and obligations are transferred to his heirs, as long as these rights

and obligations are included in the field of property law or in other words rights and liabilities

that can be valued in money. The civil inheritance law system has a characteristic that is different

from other inheritance law systems, which requires that the heir's inheritance be divided as soon

as possible among those who are entitled to the property. In the distribution of inheritance, the

heir as the owner of the property has the absolute right to arrange what he wants for his property.

This is a consequence of inheritance law as a regulatory law.

Keywords: Juridical Analysis; Inheritance; Wedding

Introduction

The process of the journey of human life is birth, life, and death, all of these stages

influence his life. During his life, he processed infants, children, adolescents, and adults.

Humans act as bearers of rights and obligations, both as individuals, family members,

citizens, and adherents of religions who must submit and comply with legal provisions

and norms throughout their lives.

Man in his journey in the world experiences 3 important events: when he is born, when

he marries, and when he dies (Afandi & Waris, 1997). During the journey, humans are

limited by Law as a rule so that humans remain within their limits so they don't exceed

the limit. The law contains rules and guidelines in the journey of human life while in the

world, and also contains sanctions if humans do not obey them. In this journey, humans

will experience a phase of marriage, this marriage is to continue the generations of

humans who previously existed. The meeting of two people, each of whom is the bearer

of rights and obligations in a marriage relationship, has consequences in the field of law.

When the marriage phase has taken place and a human being in phase has offspring and

is currently in the human mating phase he dies then inheritance also occurs. Inheritance

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events were at the death of a person who has all the legal rights and obligations that he

leaves behind both material and agreements that he made while he was still alive with

other people. After the death of the human being and leaving all of his rights and

obligations in the world, absolutely all of his rights and obligations fall on people who

have blood relations with that person both in line down or line up. A person who has

absolute rights is called an heir and someone who leaves his rights and obligations after

he dies is called an heir.

The Indonesian state has a lot of arrangements regarding the inheritance system.

Indonesia is a country rich in culture and customs, including inheritance. Indonesia has

various forms of inheritance including, inheritance based on law western civil law,

Islamic law, and customary law. Each of these laws has a character that is different from

the others. Therefore the Indonesian Nation is said to be "Bhinneka” (different regions

and ethnic groups), Tunggal Ika (but still one thing, namely the basis and nature of its

Indonesianness). The tradition of the Indonesian Nation, which is Bhineka Tunggal Ika,

does not die but always develops (Khaerani et al., 2019).

Inheritance law is a part of civil law. Because of the Indonesian state's diversity, several

inheritance laws in Indonesia are still valid today. The law of inheritance is:

1. Customary inheritance law, sections of customary law have a major influence on

customary inheritance law and vice versa heirs too stand central about other

customary laws because inheritance law includes different legal rules with a

continuous process from century to century, is a continuation and transfer of wealth

both material and immaterial from one batch to the next (Muzainah & Syaikhu, 2020).

Soepomo said "Customary law of inheritance contains regulations governing the

process of passing on and passing off goods intangible property and goods (Intangible

Goods) of a human race (Generation) to its derivatives. The process had started while

the parents were still alive.

2. Islamic inheritance law, the law that governs the transfer of property left by a

deceased person and the consequences for his heirs (Wahyuni, 2018). and also various

rules about displacement property rights, the property rights in question are in the

form of property, a person who has passed away to his heirs. In other terms,

inheritance is also called with afraid. This means a certain portion is divided

according to Islam to all who are entitled to receive it and those who have set the parts

(Safitri, 2023). For those who are religious Islam (a portion of Indonesia's population

is Muslim). Lawyer Islam is regulated in Presidential Instruction No.; 1 of 1991

concerning the Compilation of Islamic Law (Articles 171-214 KHI)

3. Western inheritance law, the understanding of inheritance law until now, both

Indonesian legal experts and the Indonesian legal science literature, there is no

uniform understanding, so the terms for inheritance law are still diverse. Wirjono

Prodjodikoro uses the term "inheritance law." Hazairin used the term "inheritance

law" and Soepomo called it "inheritance law."

(Lubis et al., 2021) Soepomo explained

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Zakiyah Triyana Hardi, Benny Djaja

that the law of inheritance contains regulations governing the process of passing on

and passing intangible goods and goods from a generation of humans to their

descendants (Poespasari & SH, 2018). For those subject to the Western Civil Code, it

applies provisions in the Civil Code (BW). Inheritance law is regulated together with

property law, for the reasons are:

a. Inheritance law is considered as a material right (Article 528 of the Civil Code)

b. Inheritance law is one way that is determined by law limiting UU to acquire

property rights (Article 584 Civil Code)

In terminology, the law of inheritance is the law governing the division of inheritance,

knowing the parts received from the inheritance for each rightful heir. In another

editorial, Hasbi Ash-Shiddieqy argues, that the law of inheritance is the law that

regulates who inherits and does not inherit, the acceptance of each heir, and the methods

of distribution. In contrast to the definition above, Wirjono Prodjodikoro explained, that

inheritance is a matter of what and how various rights and obligations regarding a

person's wealth when he dies will be transferred to other people who are still alive

(Muhibbin & Wahid, 2022). Inheritance law in the Civil Code is the law governing the

transfer of assets left by someone who dies and the consequences for the heirs (Sagala,

2018).

The Civil Code in Book II not only regulates objects and material rights but also regulates

inheritance law (Meliala, 2018). The number of articles governing inheritance law is 300

articles, starting from Article 830 to Article 1130 of the Civil Code.

Civil inheritance law is very closely related to family law, so in studying inheritance law

it is also necessary to study the legal system concerned with the inheritance law system

such as the family system, the inheritance system, the form of inheritance, how to get an

inheritance, the principles of inheritance law, the nature of inheritance law. , and things

that hinder inheritance or prevent it from becoming member inheritance. The kinship

system in civil inheritance law is a kinship system that is bilateral or parental, in this

system, the descendants are traced from both the husband's and the wife's side. The

inheritance system regulated in civil inheritance law is individual, heirs inherit

individually or individually, and heirs are not differentiated, both men and women have

the same inheritance rights.

In civil inheritance law, a principle applies, namely if someone dies (heir), then by law

and immediately his rights and obligations are transferred to his heirs, as long as these

rights and obligations are included in the field of property law or in other words rights

and liabilities that can be valued in money. The civil inheritance law system has a

characteristic that is different from other inheritance law systems, which requires that

the heir's inheritance be divided as soon as possible among those who are entitled to the

property.

[Juridical Analysis of the Division of Inheritance to the Heirs of

Different Marriages (Decision Number 435/PDT/2018/PT

MDN)]

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In the distribution of inheritance, the heir as the owner of the property has the absolute

right to arrange what he wants for his property. This is a consequence of inheritance law

as a regulatory law. (Maripigi, 2021)

Even as an heir, the heir has the right to regulate anyone who can become his heir and

the heirs who have been determined by the heir have the right to determine matters in

the distribution of inheritance after the heir has died both in the form of agreement and

agreement based on deliberations, the contents of which of course does not violate the

Civil Code.

If one of the heirs or other parties violates the agreement on the ownership of the

inheritance, the heirs have the right to file a lawsuit to obtain their inheritance against

all people who hold possession of all or part of the inheritance with or without rights,

the same applies to them. who had cunningly stopped his beast. (hereditary rights

request, Article 834 of the Civil Code).

The author departs based on one of the cases that often occurs, namely inheritance

distribution disputes, which according to the author must be studied and reviewed

Because of comprehensive legal consequences.

Research Method

The research method is meant as a type of thinking used or a way to carry out a research

procedure. In writing this thesis, research methods are used as stated in the introductory

law book written by Soerjono Soekanto: (Soekanto, 2006)

Research Object

The object of research regarding "Distribution of inheritanceAlm. Nandoli Gultom to

their heirs in terms of the Western civil law aspect, namely the Civil Code regarding the

distribution of inheritance according to Indonesian law”.

Research Type

Research in this writing is normative juridical research. This type of normative research

is research conducted by examining library materials or secondary data as basic material

for research by searching for regulations and literature related to the problem under

study, which includes legal synchronization related to the case under discussion (Benuf

& Azhar, 2020). Normative juridical research includes research on legal principles, legal

systematics, level of legal synchronization, legal history, and comparative law.

So in

normative juridical research, library materials are the most important source of material.

So also in this case object The main focus of this research, which is normative juridical

research, refers to everything about the Civil Code with the main focus on the object

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Zakiyah Triyana Hardi, Benny Djaja

being the distribution of inheritance from the heir's parents who have not been

distributed.

Nature of Research

This research is descriptive-analytical, that is, it provides an overview and analyzes

carefully, completely, and systematically the characteristics or characteristics of a

situation, the behavior of an individual, or the behavior of a group by obtaining data on

the relationship between symptoms with other symptoms

which means this thesis

provides an overview of the distribution heir based on civil Code. (Nurdin & Hartati,

2019)

Methods of Data Collection

In writing this thesis, data collection techniques were carried out using a document

study "library research" In this case the author takes reference from books, writings, laws,

and regulations that are related to thesis writing. This study was carried out by reading,

analyzing, summarizing, quoting, and analyzing what was done at the Indonesian

National Library.

Data and Data Sources

Usually in research, a distinction is made between data obtained directly from the public

and library materials. The first is called primary data or basic data (primary data or basic

data) and the second is called secondary data (secondary data). Based on the type and

form of this research requires primary data and data seconds:

a. Secondary data, among others, includes official documents, books, and research

results in the form of reports, diaries, and so on. Data seconds namely data obtained

from library materials through the results of library research, which are relevant to

the contents of the thesis, such as:

1) Primary legal materials are binding legal materials consisting of basic norms or

principles, basic research, rules applicable laws, jurisprudence, and legal

materials. The author will use legal materials related to this thesis, such as the Civil

Code.

2) Secondary legal materials are legal materials that provide explanations regarding

primary legal materials such as, for example, Draft Laws, research results, works

from legal circles, and so on. And also books, scientific journals, or scientific papers

that are closely related to Western civil inheritance law.

3) Tertiary legal materials, are materials that provide instructions and explanations

of primary and secondary legal materials, such as internet media.

b. This research is also supported by primary data. Primary data is obtained directly

from the first source, namely the behavior of community members through research.

Primary data in this study is based on interviews with notary due to describe the

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division of inheritance according to the Civil Code based on sources who understand

this research.

Data analysis

Data analysis was carried out qualitatively, meaning that qualitative research produces

descriptive data, namely what is stated by respondents in writing or verbally, and real

behavior. What is researched and studied is object research as a whole, as long as it

concerns humans (Negara, 2018). The use of qualitative analysis methods is based on the

following considerations: first, the data analyzed is diverse so it requires in-depth

information, has different basic characteristics from one to another, and is not easy to

quantify. Second, the nature of the data being analyzed is comprehensive and constitutes

a unified whole. The data is classified and processed from the research results collected

for later analysis.

The data in this normative law research were analyzed qualitatively, meaning that the

literature data is the verdictMedan High Court Decision Number 435/Pdt/2018/PT

MDN, Civil Code, official documents, and books, which are analyzed in depth,

holistically, and comprehensively. The goal is to understand or understand what is being

researched obtain answers and produce an accurate analysis so that it can be analyzed,

held accountable scientifically, and facilitate discussion as well as the basis for

concluding.

How to Draw Conclusions

Concluding is done by using the deductive method, which means the method concludes

from general to specific. Which is where this process of conclusion starts from all general

things, namely starting from all things that have a concept in the notion of inheritance

law which is then drawn further regarding all matters regarding the distribution of

inheritance based on Western civil inheritance law.

Result And Discussion

The following is a chart of inheritance from the discussion of this case:

In the decision of the Medan High Court, Number 435/Pdt/2018/PT MDN decided that

upholding the Court's decision state Simalungun Number 88/Pdt.G/2017/PN Sim. This

means the judge at the Medan High Court agrees with the Court's decision to state that

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Simalungun's heir was only Tiurlan Simanjuntak and because Tiurlan Simanjuntak had

died, his inheritance rights were replaced by Sunggul Aritonang. Based on the contents

of the decision are not exactly because Based on Article 832 of the Civil Code, those who

are entitled to inherit from the heir are blood relatives or husband and wife who live

with the heir until the heir dies. In the defense of the comparator stated that the children

of the heir were not only Tiurlan Simanjuntak but there were 3 other children from the

second marriage, namely Brontak Simanjuntak, Marsiden Simanjuntak and Kartini

Simanjuntak who also had the right to inherit the inheritance from the heir.

By article 913 of the Civil Code, all children of the heir have absolute rights with an equal

share of each, but in the ruling, the children from the heir's second marriage do not

receive any share of the heir's inheritance which is not by Article 913 of the Civil Code

concerning Legitime Portie (absolute right)

Article 852a explains that the position of a husband or wife whose partner has died

beforehand is the same position as a legitimate child, which Nurhayati Gultom as the

wife of BrontakSimanjuntak those who were left to die even had the same position as

Brontak Simanjuntak as the son of the Heir

Conclusion

Based on the descriptions that have been discussed by the authors above, the conclusions

can be formulated as follows:

The decision made by the Medan High Court Judge was not appropriate because the

judge decided that the only child heir from the first marriage regardless of the position

and rights owned by children from second marriages. Even though all the children of

god heirs from the first marriage or both have absolute rights in inheritance, this thing

based on Article 913 of the Criminal Code which contains: "Absolute part or legitime

Portie, is a part of the inheritance that must be given to the heirs, in a straight line

according to law, against which the deceased is not allowed to determine anything,

either as a gift between the living, or as a testamentary".

The provisions of the decision also clearly do not see that children from the second

marriage are also legal heirs based on Article 832 of the Civil Code which contains:

"According to law, those who have the right to be heirs is blood relatives, both legal

according to law and those outside of marriage, and the husband or wife who has lived

the longest, according to the following regulations. If the blood relatives and the

husband or wife who have lived the longest are not present, then all the inherited assets

become the property of the state, which is obliged to pay off the debts of the deceased,

as long as the price of the inherited assets is sufficient for that.

Then the comparator who is the wife of the first child from the second marriage who has

died after the heir is entitled to a share of the in heritance Because she gets her share of

the inheritance from her husband as the heir who has died and is also appealed and the

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heir has no children, this is based on Article 852a of the Criminal Code which contains:

"In the case of inheritance and a husband or wife who has died earlier, a husband or wife

who has been left behind, in applying the provisions of this chapter, is equated with a

legitimate child and a deceased person, with the understanding that if the husband and

wife's marriage is a second or subsequent marriage, and from the previous marriage

there were children or descendants -the offspring of the children, the new husband or

wife may not inherit more and the smallest share received by one of the children, or by

all of the successor's descendants if he dies first, and in any case the inheritance of the

wife or husband may not exceed a quarter and the heir's inheritance.

If for the happiness of husband or wife and second marriage or marriage, the next

testamentary has been issued, then if the amount of the portion acquired and inherited

at death and the portion obtained and the will exceeds the limits and amount outlined

in the first paragraph, the share, and inheritance at death must be reduced in such a way

that the joint amount remains within the limits -that limit. If the determination of the

will, wholly or partly, consists of usufructuary rights, then the price and usufructuary

rights must be estimated, and the amount together including in the previous paragraph

must be calculated based on the estimated price. What the following husband or wife

enjoys according to this Article must be deducted in calculating what the husband or

wife may receive or what has been agreed upon according to Chapter VIII of the First

Book.”

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