Inheritance Based on a Will That Exceeds Portie's Legitieme in a Civil Law Perspective

Abstract

Any human behavior that is always wrapped in regulations without exception in inheritance law which is a branch of the field of the law of things and also correlates with the dimensions of family law. The issue of inheritance can be seen in the 1945 Constitution which provides for the protection of the right to control his property and from disputes that are likely to arise due to inheritance problems, namely Article 28G paragraph (1). This research focuses on the analysis of inheritance law based on the Civil Code. There is a conflict of norms between Article 916a of the Civil Code and Article 913 of the Civil Code. Section 916a of the aforesaid Penal Code actually favors the heirs of the testamentair because this Article allows for the existence of heirs outside the Act whether the intended aris is granted during life or by will. And this can be considered as not providing protection to legitimaris (heirs according to law) so that what is the purpose of Article 913 of the Civil Code is not achieved where this article provides full protection to the heirs of legitimaris by not allowing the heir to rule out anything either between the living and the will. This research is a type of normative juridical research with a problem approach using a Statute Approach and Conceptual Approach. The formulation of the issue raised is Whether inheritance under a will can diminish Portie's Legitieme And How the legal standing of the heirs in the division of Legitieme Portie. So the conclusion is that inheritance under a will can reduce Portie's Legitieme and The legal position of the heirs in the division of Portie's Legitieme is to have binding legal force.