YOGYAKARTA - The heirs are a term that is quite closely related to the discussion of family heritage. Heritage is very important in a family, but at the same time quite sensitive. Many cases of family division are triggered by inheritance problems.
Knowledge of heirs needs to be understood by everyone in the family. Especially regarding the distribution of heirs in accordance with civil law, customary law, or argument and Islamic law. This is necessary to prevent misunderstandings and divisions in a family.
Heritage owned by a family is usually not distributed carelessly or carelessly. There is a scheme of heirs to determine and regulate who is entitled to receive a derivative of the inheritance. The right to the inheritance will be given when an heir has died. So what are heirs?
The heirs are people who are entitled to receive property or inheritance when the owner has died. The recipient of this inheritance is referred to as the heir. A person is declared legal as an heir if appointed in accordance with the law of distribution of inheritance rights.
Distribution of inheritance rights is regulated in various legal bases, it could be civil law, customary law, or Islamic law. There are two forms of inheritance that can be received by the heir, namely movable and immovable property. Moving warisas include stocks, vehicles, livestock, and other movable objects. Meanwhile, the inheritance is immovable, including land, companies, houses, and so on.
Generally in Indonesia, three laws are applied in the distribution of inheritance rights as previously mentioned, namely Islamic law, customary law, and civil law.
Islamic law applies three terms that apply to the heirs. The first requirement is that the person who becomes the heir or inherits the property has passed away. If the person who inherited the property has died, the delegated property is not called inheritance, but only as a grant.
The second requirement is that the heirs or recipients of the inheritance must still live when the person who inherited his property has passed away. The third requirement is that the heirs must have a blood relationship or family ties with the person who passed on, for example, father and son, or children and grandchildren.
Civil law is the rule of division of inheritance that is most commonly used or not bound by a certain religion. There are two ways in the distribution of inheritance rights based on civil law.
The first legal basis based is Article 830 of the Criminal Code. In this article, it is stipulated that the rights of new heirs can be distributed to recipients, metika, who has a legacy, has passed away.
The second legal basis is Article 832 of the Criminal Code. In this article, it is stipulated that inheritance rights can be shared when there is a blood relationship between the heir and the inheritance recipient. There are four classes of inheritance rights
The division of inheritance based on customary law consists of two main lines, namely the main line of priority and the replacement principal. The main line of priority divides the inheritance according to the main order in the family. The granting of inheritance is prioritized in class one, namely the biological child of a girl or a boy. Then only delegated to group II and the next group.
While the replacement principal is the division of inheritance based on the relationship between people in the priority class. Heritage is given to people who do not have blood relations with heirs or inheritance givers. This group can include adopted children, stepchildren, or children of the account.
Warist expert
The amount of the section
Certificate
1 girl
1 Go ahead
One person
2 or more girls
2berapat3
Together
Girls along with boys
2:1
2 for men and 1 for women
FATHER
1?3 or 1?6
If there are no descendants and if there are descendants
Mother
1 Longing3
The remainder of the widower or widow if together with father
Duda
1?2 or 1?4
If there are no descendants or if there are descendants
Janda
1?4 or 1?8
If there are no descendants or if there are descendants and fathers
Men and women's brothers and sisters
1?6 or 1?3
Each/if the number is 2 or more at the same time
Brother male brother
2:1
With a sister
Mother
1?3 or 1?6
If there are descendants or relatives with a total of 2 or more/if there are not both
Bidara selama-yah
1?2 or 2?3
If alone or if the number is 2 or more at the same time
Replacement
Not exceeding
From the heirs who were replaced
That is the understanding and scheme of the heirs. The distribution of heirs can follow three types of rules or laws, namely Islamic law, customary law, or civil law. But the most neutral or general is civil law. Knowledge about the division of heirs needs to be understood by everyone to prevent misunderstandings in family relations.
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