Property and Patrimony

It should be noted that in Indonesia, there are three (3) types of inheritance law, namely Customary Inheritance Law, Islamic Inheritance Law, and Civil Inheritance Law, depending on culture, customs, religion, as well as the separate choice of the Inheritance who leaves the Inheritance itself to The heir.

In essence, inheritance law means a set of rules that govern the process of transferring inheritance, whether in the form of rights or obligations left by the heir after his death to the party or parties who have the right to become heirs who will receive the inheritance.

Inheritance Law is a discipline of legal science which is certainly very useful and will help the community or heirs who will or are receiving and managing an inheritance from the previous generation so that it can provide certainty about what are the rights and obligations contained in the inheritance it receives, along with all the consequences and legal provisions that will certainly provide a lot of benefits and facilities for the heirs as the living generation who will continue their management of the inheritance.

In this article, the author will first discuss the most common types of inheritance law, namely Civil Inheritance Law, the regulations of which are derived from the Civil Code (Burgerlijk Wetboek).

The first question that generally arises is what really is inheritance? Is receiving an inheritance guaranteed material benefits?
Inheritance comes from the Arabic "Al-miirats", in Arabic is the masdar (infinitive) form of the word "waritsa- yaritsu- irtsan-miiraatsan". The meaning in Indonesian is 'the transfer of something from one person to another'. In terms of fara'id, inheritance is called tirkah (legacy). Article 833 of the Civil Code states: "All heirs automatically legally obtain property rights over all the remains of the deceased". This transition process occurs immediately when the heir dies, either with the knowledge of the heir or when the heir does not know about the death of the heir.

Unfortunately, many heirs do not understand that the inheritance left by the heir is not merely material property, but always contains rights and obligations that can be seen more clearly in the form of assets and liabilities which are one unit and cannot be separated. Therefore, at the time of receiving an inheritance, it is better if the heirs first examine all the rights and obligations contained in the inheritance he will receive.

In an inheritance, if the number of assets of the heir is greater than the amount of debts / liabilities then of course it will provide good material benefits for the heir, but on the other hand, if the amount of debts / obligations of the heir is greater than the value of his assets then of course it will not provide material benefits to However, the beneficiary only benefits in the form of a good reputation if the heir has good faith to settle all debts / obligations of the heir with all assets that are of equal value or maybe less.

The next question that is no less important and must be considered by the heir is what will happen if the amount of debts / liabilities of the heir exceeds the value of the assets he left behind? Is the heir obliged to receive inheritance from the heir? Are the heirs obliged to pay off debts / obligations of the heirs with the heir's personal assets? Can the heirs be sued if the assets inherited are of insufficient value to pay off all debts / obligations of the heirs?
The law states that the heir is given time to think and determine his attitude towards the heir inheritance within 4 (four) months, and after that the heir can choose to determine the attitude between 3 (three) options, namely:

Receive an inheritance in full;
Receiving inheritance as beneficiary, which means that the heir receives the inheritance with the assurance that the heir will not pay the debts / obligations of the heir beyond the inheritance rights granted by law to him;
Refusing an inheritance.
So based on the explanation above, it is clear that the heir is not obliged to accept and can reject the heir inheritance. And the heirs also cannot be sued to pay off the debts / obligations of the heirs with the heir's personal assets if the heirs have determined their attitude to receive the inheritance as the beneficiary.

The last question that the author raises in this short article is whether heirs can lose their inheritance rights? Is the inheritance portion of the heirs guaranteed by law?
The law states 4 (four) things that cause an Inheritance to inherit an Inheritance, namely:

An heir who by a judge's decision has been convicted of being blamed for murder or at least trying to kill the heir;
An heir who by a judge's decision has been convicted of being accused of slandering and complaining of the heir that the heir has been accused of committing a crime punishable by imprisonment of 4 (four) years or more;
The heir by force has clearly prevented or prevented the heir from making or withdrawing a will;
An heir who embezzled, destroyed, and falsified wills.
If it turns out that this improper heir controls part or all of the inheritance and he pretends to be the heir, he is obliged to return everything under his control including the results he has enjoyed. So it is clear that it turns out that heirs can lose their inheritance rights and this is guaranteed by law.

Meanwhile, the inheritance part of the heirs is also guaranteed by law, which is known as the absolute right to inherit or in legal language is the legitime portie, where the absolute right of this heir guarantees certainty for every heir, whether still in the womb or in the legal language. who are old and anywhere else to receive their share in the Inheritance.

For further questions, readers can contact our law office to make a consultation appointment, thank you.