Juridical Analysis Loss of Ab Intestato Heirs Right as a Result of Unregistered Marriage

Abstract

Inheritance law is part of civil law as well as part of family law. it regulates the transfer of assets left by someone who dies and the consequences for the heirs in family relations or with third parties. In one case, a marriage that was not recorded was invalid. The results of the study concluded that the consequences of marriage were not recorded as marriages that were never considered to exist. What was the legal consideration of the judge in deciding this case? Marriage is legal if it is done in accordance with their respective religions and beliefs, so each marriage must be registered. Because the marriage was not registered, it was not legal so the lawsuit was granted in full. According to the authors of marriages that are not recorded remain valid, legal marriages are marriages conducted in accordance with their respective religions and beliefs. This lawsuit should have been completely rejected because the Plaintiff as a father does not have a legal position, heirs must be sons and husbands and not fathers.

Consequences of Rejecting the Principle of Portie Legitieme on Wills and Deeds of Grants

“…However, the will or grant may not violate the rights of the person who is an heir by law (ab intestato) because of their blood relationship with the testator. (Saji & Tedjosaputro, 2020) According to the BW, apart from heirs' ab intestato, there are heirs by testament (testamentair) who are heirs appointed by a will. (Sanjaya, 2018) The law stipulates that certain parts must be accepted by several heirs Ab intestato (without a will) because of the close blood relationship with the heir.…”