LEGALITY OF SALE AND PURCHASE OF INHERITANCE OBJECTS EXCEEDING THE LEGITIME PORTIE AND WAIVER OF ABSOLUTE RIGHTS IN THE MATARAM DISTRICT COURT DECISION

Wafiy Ahmad Ardhika, . (2025) LEGALITY OF SALE AND PURCHASE OF INHERITANCE OBJECTS EXCEEDING THE LEGITIME PORTIE AND WAIVER OF ABSOLUTE RIGHTS IN THE MATARAM DISTRICT COURT DECISION. Multidiciplinary Output Research For Actual and International Issue (MORFAI), 5 (5). pp. 7816-7825. ISSN 2808-6635

Text 2210611431_ArtikelKI.pdf Restricted to Repository staff only Download (196kB)

Abstract

The purpose of this article is to analyze the legality of the sale and purchase of inheritance objects that exceed the legitime portie (absolute share) and examine the application of the protection of absolute rights in the Mataram District Court Decision Number 109/Pdt.G/2009/PN.Mtr, using a normative juridical method with a statutory approach and case studies. Normatively, the sale and purchase of inheritance objects that violate the legitime portie (Article 913 of the Civil Code) is invalid and can be canceled, and the injured heirs have the right to demand a reduction (inkorting) according to Article 916 of the Civil Code. In the Mataram District Court Decision, the judge rejected the lawsuit for cancellation of the gift on the grounds that the gift was valid because it was made during the testator's lifetime, thus emphasizing formal legal certainty rather than substantive justice. The plaintiff's defeat was caused by the inaccuracy of the legal basis of the lawsuit in filing for cancellation, even though the mechanism that should have been taken was inkorting. This research's contribution is to emphasize that, despite decisions being formalistic, the substantive rights of heirs must still be protected and can be restored through inkorting after the testator's death. Therefore, it is recommended that the inkorting mechanism be strengthened through Supreme Court guidelines to ensure a balance between legal certainty and substantive justice in Indonesian civil inheritance law. Keywords: legitime portie, inkorting, judicial decisions

Item Type:	Article
Additional Information:	[No. Panggil : 2210611431] [Pembimbing : Wardani Rizkianti} {Penguji 1 : Sylvana Murni Deborah Hutabarat] [Penguji 2 : Iwan Erar Joesoef]
Uncontrolled Keywords:	Legitime portie, Inkorting, Judicial decisions
Subjects:	K Law > K Law (General)
Divisions:	Fakultas Hukum > Program Studi Hukum (S1)
Depositing User:	WAFIY AHMAD ARDHIKA
Date Deposited:	03 Mar 2026 01:59
Last Modified:	03 Mar 2026 01:59
URI:	http://repository.upnvj.ac.id/id/eprint/42006

Actions (login required)

View Item