Perlindungan Hukum Kreditor Dalam Warisan Atas Harta Peninggalan Tak Terurus Menurut Sistem Waris Barat

Authors

  • Muhammad Rifaldi Setiawan Fakultas Hukum, Universitas Airlangga
  • Muhammad Fakhry Fakultas Hukum, Universitas Airlangga
  • Mahardika Apriano Fakultas Hukum, Universitas Airlangga

DOI:

https://doi.org/10.23887/jkh.v7i1.31461

Keywords:

Legal Protection, Heritage, Unmanageable Heritage

Abstract

The enactment of inheritance law in Indonesia adheres to 3 (three) inheritance law systems, namely; First, Western Inheritance Law, Second, Customary Inheritance Law, Third, Islamic Inheritance Law. So that in Indonesia is known for the pluralism of inheritance law. The western inheritance legal system allows for heirs to reject the inheritance left by the heirs because there is a greater pasiva than the assets. then the status of the property will be an unmanageable inheritance. Doctrinal research method, which is a study that systematically examines the legal norms governing certain legal categories and analyzes the relationship between legal norms. In this case the state through the Heritage Hall that will manage the property. As a form of protection creditors can apply to be a replacement heir for the deposit of receivables will be carried out by the state through the Heritage Hall a number with the value of the heir's debt or or the value of the property or objects left by the heirs is sufficient.

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Published

2021-02-17

How to Cite

Rifaldi Setiawan, M., Fakhry, M., & Apriano, M. (2021). Perlindungan Hukum Kreditor Dalam Warisan Atas Harta Peninggalan Tak Terurus Menurut Sistem Waris Barat. Jurnal Komunikasi Hukum (JKH), 7(1), 107–123. https://doi.org/10.23887/jkh.v7i1.31461

Issue

Vol. 7 No. 1 (2021): Februari, Jurnal Komunikasi Hukum

Section

Articles

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Authors who publish with this journal agree to the following terms:

    1. Authors retain copyright and grant the journal right of first publication, with the work [SPECIFY PERIOD OF TIME] after publication simultaneously licensed under aCreative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
    2. Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
    3. Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).