PENYELESAIAN SENGKETA PEWARISAN SECARA
AB-INTESTATO DALAM HUKUM PEMBUKTIAN KHUSUSNYA
BAGI WARGA NEGARA INDONESIA ETNIS TIONGHOA
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Institusion
Universitas Atma Jaya Yogyakarta
Author
CAHYANINGRUM, YUSTINA
Subject
Peradilan dan Penyelesaian Sengketa Hukum
Datestamp
2015-09-15 11:24:02
Abstract :
Heritage matter is an interesting issue of society to be examined and it has unique form to be observed thoroughly. The law of succession means overall the rules, written or unwritten, which set the right of the inheritance allocation from the person who bequeaths the inheritance to the heir, and the relationship between the heir and the third party. The subject of the heir in Indonesia is based on Law of Succession. The dispute solution is according to the existing rule in Civil Law and also Law of Evidence, by the written proof in a court. The purpose of this examination is to identify the equity of the inheritance allocation to each party, to give the explanation concerning the disputes which arouse among the heirs and the method of the dispute solution according to the Law of Succession. Through the normative examination methods which focus on the existing norms of the law, with the secondary data as a source, analysed much kind of regulations, books, websites and interviewed with the source person, utilize the qualitative analysis and the deductive thinking method; it presents a conclusion concerning the equity of the allocation of the inheritance without last or will according to the existing rules in Code Civil. In dispute solution of heritage matters, it is important to involve the subject of the heir in Indonesia, who is the membership of a country, that is Indonesia, to accept the inheritance that is left by the person who made the will, since the subject of the heir affecting the allocation of the heritage. In addition, the legitieme portie affecting the allocation of the heritage, between parents, children and the confession of adopted children
Heritage matter is an interesting issue of society to be examined and it has unique form to be observed thoroughly. The law of succession means overall the rules, written or unwritten, which set the right of the inheritance allocation from the person who bequeaths the inheritance to the heir, and the relationship between the heir and the third party. The subject of the heir in Indonesia is based on Law of Succession. The dispute solution is according to the existing rule in Civil Law and also Law of Evidence, by the written proof in a court. The purpose of this examination is to identify the equity of the inheritance allocation to each party, to give the explanation concerning the disputes which arouse among the heirs and the method of the dispute solution according to the Law of Succession. Through the normative examination methods which focus on the existing norms of the law, with the secondary data as a source, analysed much kind of regulations, books, websites and interviewed with the source person, utilize the qualitative analysis and the deductive thinking method; it presents a conclusion concerning the equity of the allocation of the inheritance without last or will according to the existing rules in Code Civil. In dispute solution of heritage matters, it is important to involve the subject of the heir in Indonesia, who is the membership of a country, that is Indonesia, to accept the inheritance that is left by the person who made the will, since the subject of the heir affecting the allocation of the heritage. In addition, the legitieme portie affecting the allocation of the heritage, between parents, children and the confession of adopted children
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