Jurisdictional Review of the Supreme Court's Decision Number 2185/K/PDT/2008 Concerning the Distribution of Health Assets According to the Book of Civil Law

Annisa Tauhid, Azmi Fendri, Yasniwati Yasniwati


Human life which has been regulated by the legal order, and even regulations, basically humans still have complex problems, one of which is about inheritance. The problem of inheritance is a very important issue and has always been one of the main topics of discussion, because it always exists in every family and this inheritance problem is vulnerable to problems/conflicts in society due to distribution that is considered unfair or there are parties who feel aggrieved. Inheritance is a never-ending problem, because each party feels they have more rights than the other party, then this will cause a dispute for the heirs regarding the distribution based on the Class of Heirs based on the Civil Code. The problems examined in this thesis are: 1) How is the arrangement of inheritance distribution according to the Civil Code? 2) What is the judge's consideration of the division of inheritance on the division of inheritance in the Supreme Court Decision Number 2185/K/Pdt/2008? The approach method used in this research is the normative juridical method. This research uses an approach to the principles of law and legislation. The data used are primary data and secondary data. The data sources in this research are library research and field research. Data is collected through the study of documents or library materials. The data obtained were processed through editing and coding, then analyzed using qualitative analysis. Furthermore, the data is presented descriptively. Based on the results of the study, the authors conclude: 1) The distribution of inheritance based on the Civil Code is an inheritance distribution based on the class of heirs, where group one prevents the second group and so on. In terms of inheritance distribution from this study, the marriage of the testator until he finally died was never registered in the Civil Registry. In this case the state does not recognize the existence of such marriages. If viewed from the Civil Code, the children and wives of the heirs should not get the inheritance portion as stated in the legislation. 2) The judge's consideration in giving a decision regarding the distribution of the inheritance is divided based on the Legitime Portie based on the class in the Civil Code, taking into account that the heir and all his heirs are a legal family based on the recognition of neighbors, other families and witnesses.


Heirs; Inheritance; Supreme Court Decision

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DOI: http://dx.doi.org/10.18415/ijmmu.v9i8.4005


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