Akibat Hukum Perkawinan Dibawah Tangan Terhadap Waris (Studi Putusan Nomor 674/Pdt.G/2020/PN. Mdn)

Abstract

Unregistered marriages can impact inheritance cases, as seen in a case in Medan where the siblings of the deceased claimed inheritance rights in court because the deceased's spouse held control over the estate. The deceased and her spouse were married in an unregistered religious ceremony at the Indonesian International Pentecostal Church (G.P.J.1) without formal registration by an authorized official. ln. Decision No. 674/Pdt.G/2020/PN Mdn, the Medan District Court ruled that the husband of the deceased was entitled to inherit. This study raises key questions: What are the legal grounds that may disqualify someone from receiving an inheritance according to the Civil Code in relation to Decision No. 674/Pdt.G/2020/PN Mdn; What is the legal standing of a husband as. an heir in an unregistered marriage in light of Decision No. 674/Pdt.G/2020/PN Mdn; What are the judicial considerations and verdicts regarding legitimate heirs in the inheritance dispute based on Decision No. 674/Pdt.G/2020/PN Mdn. This study utilizes a normative juridical research method, supported by secondary data sources, and qualitative data analys.is, The findings reveal tnat the Civil Code does not exclude a spouse in an unregistered marriage from inheritance rights. However, unregistered marriages do not receive legal recognition under national law, as such marriages are not registered by marriage registrars in accordance with Article 2(2) of Law No. 1 of 1974 and GovemmentRegu/atio.nNo. 9 of 1975. The co.urt, in its ruling, reco.gnized the marriage as legitimate under Article 2(1) of Law No. 1 of 1974 but did not consider the requirement of Article 2(2) of Law No. 1 of 1974 and Government Regulation No. 9 of 1975 for official registration by a marriage registrar