Implementation of Prosecution for Grants of Absolute Rights (Legitieme Portie) that Are Expired More than Three Years According to the Civil Code

Abstract

The law guarantees the absolute rights of heirs or what is usually called legitimie portie. Legitimie Portie itself is an absolute portion of the heir's inheritance, which cannot be abolished or reduced by the person who will leave the inheritance or cannot be reduced by gifts during the testator's lifetime or gifts by will. The formulation of the problem in this research is (1) Implementation of the Grant Legitime Portie (absolute rights) in Decision no. 560/Pdt.G/2015/PN.Sby (2) Judge's legal considerations in decision no. 560/Pdt.G/2015/PN.Sby. The method used in this research is descriptive qualitative. Data obtained from Laws, journals. books, internet, etc. The result of this research is that the implementation of the testamentary grant requires approval from the Plaintiff who is one of the heirs and also has absolute rights (legitime portie) even though the Plaintiff is a foreign citizen, namely a Dutch citizen and it is proven that the Plaintiff has given consent to the will was granted with a Letter of Approval dated 21 December 2010. Then, on the basis of this letter of approval, to carry out the will, a Deed of Grant of Will was drawn up, number 18/2011, dated 31 May 2011, and this was then followed up by registering the rights to the land object of the dispute with the issuance of a certificate. property rights Number 842 in the name of the rights holder Leo Alphons Sandhaka. the plaintiff's claim has expired because the right to claim legitiemeportie regarding inheritance cannot expire 3 (three) years from the time the legitimaris declares that they have received the inheritance. Based on the provisions of Article 929 paragraph 4 of the Civil Code, the right to claim legitiemeportie will expire after 3 (three) years have passed. The legitimaris begins to declare that he has received the inheritance, thus the plaintiff's right to claim his legitiemeportie in the a quo case has expired (exceptio temporis).