ANALISIS YURIDIS KEDUDUKAN MENANTU DALAM PEMBAGIAN HARTA WARISAN (STUDI PUTUSAN NOMOR 973/Pdt.G/2021/PN Sby)

Aunilla, Nabilla Akhta (2025) ANALISIS YURIDIS KEDUDUKAN MENANTU DALAM PEMBAGIAN HARTA WARISAN (STUDI PUTUSAN NOMOR 973/Pdt.G/2021/PN Sby). Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

This research discusses the Juridical Analysis of the Position of a Son/Daughter-in-Law in the Distribution of Inheritance, with a case study on Decision Number 973/Pdt.G/2021/PN Surabaya. The main issues examined in this study are the legal grounds considered by the judge regarding the position of a son/daughter-in-law in inheritance distribution, as well as the legal force of the decision. The research employs a normative juridical method supported by statutory, case, and conceptual approaches. The findings show that the judge’s considerations in Decision Number 973/Pdt.G/2021/PN.Sby are based on Article 832 and Articles 841–848 of the Indonesian Civil Code (KUHPerdata), which regulate first-class heirs and the mechanism of plaatsvervulling (substitution of heirs). The biological children and grandchildren of the deceased are established as legitimate heirs, with the grandchildren serving as substitute heirs for their parent who had passed away prior to the deceased. With regard to the son/daughter-in-law, in principle, they do not possess the status of legitimate heirs; rather, their role is merely procedural, acting as the guardian of the grandchildren who are still under legal incapacity. Therefore, in potential future cases of a similar nature, it is necessary to provide clearer explanations regarding the legal boundaries of the position of a son/daughter-in-law as an heir. This aims to prevent multiple interpretations and minimize the possibility of new disputes arising in the future.

Item Type:

Thesis (Undergraduate)

Contributors: