KEDUDUKAN LEGITIEME PORTIE TERHADAP HIBAH WASIAT MELALUI AKTA WASIAT (STUDI KASUS PUTUSAN NOMOR 388/Pdt.G/2020/PN.Bdg.)

• Main Author: Afrisal Bakas Widjaya, (Author)
• Format: Book
• Published: 2023-07-11.
• Subjects: Thesis; NonPeerReviewed
• Online Access: Link Metadata
• Notes: http://repository.upnvj.ac.id/26608/1/ABSTRAK.pdf; http://repository.upnvj.ac.id/26608/13/AWAL.pdf; http://repository.upnvj.ac.id/26608/3/BAB%201.pdf; http://repository.upnvj.ac.id/26608/4/BAB%202.pdf; http://repository.upnvj.ac.id/26608/5/BAB%203.pdf; http://repository.upnvj.ac.id/26608/6/BAB%204.pdf; http://repository.upnvj.ac.id/26608/7/BAB%205.pdf; http://repository.upnvj.ac.id/26608/8/DAFTAR%20PUSTAKA.pdf; http://repository.upnvj.ac.id/26608/9/RIWAYAT%20HIDUP.pdf; http://repository.upnvj.ac.id/26608/14/LAMPIRAN.pdf; http://repository.upnvj.ac.id/26608/15/HASIL%20PLAGIARISME.pdf; http://repository.upnvj.ac.id/26608/12/ARTIKEL%20KI.pdf
• Keywords: K Law (General)

This study aims to determine the legal protection for heirs against the legitieme portie that is violated in a will grant and the legal consequences of violating the legitieme portie through a will. The method used in this study is Normative Juridical, with an approach to legislation (statute approach) as a source of existing law and a case approach. In the case of the Bandung District Court Decision Number 388/Pdt.G/2020/PN.Bdg there was an heir who left 7 heirs and inheritance in the form of a plot of land that had been donated by will through a will to 5 heirs. Apart from that, in this case there is a certificate of inheritance rights which stipulates that the heirs are 5 people, which should be 7 people. There is a violation of legitimatie portie in the case of the decision. The results of this study are: (1) legal protection of heirs against violating legitieme portie, namely regarding the distribution of inheritance through statutory provisions and according to will provisions in the Bandung District Court Decision Number 388/Pdt.G/2020/PN.Bdg there is a loss experienced by other heirs who do not get inheritance rights. In Burgerlijk Wetboek (BW), there is an absolute right called legitieme portie which is given to heirs. This right is regulated in Article 913 BW. If the heirs feel aggrieved and do not receive the portion that should be in accordance with the legitieme portie, they have the right to file a lawsuit in court. (2) The legal consequences for violations of the legitieme portion of a testamentary grant through a testamentary deed are the cancellation of the will, so the will granted is no longer the property of the beneficiary but will remain as it was before and the agreement is deemed to have never existed.