Analisis Yuridis Pembatalan Akta Wasiat yang Melanggar Legitieme Portie dalam Harta Bersama (Studi Putusan Mahkamah Agung Nomor 2748 K/Pdt/2022)

Abstract

The annulment of a testamentary deed that violates the provisions of legitieme portie in community property of marriage represents a complex legal issue within the Indonesian inheritance law system. Legal conflicts often arise when a testator creates a will that includes community property without considering the absolute rights of legitimaris heirs and the spouse's ownership rights over the marital community property. The research problems in this study include: How is the legal regulation of legitieme portie in community property of marriage under the Indonesian Civil Code? What are the legal consequences of annulling a will that violates the provisions of legitieme portie by including community property without the spouse's consent? How is the legal reasoning of the Supreme Court Decision No. 2748 K/Pd/2022 analyzed regarding the annulment of a will that violates legitieme portie in community property? This research employed a normative juridical method with a descriptive- analytical approach, using secondary data consisting of primary, secondary, and tertiary legal materials obtained through library research and court decision analysis, which were qualitatively examined The findings indicate that the regulation of legitieme portie in the Civil Code, based on Article 913 in conjunction with Article 914, stipulates that the absolute rights of legitimaris heirs are calculated from the inheritance estate after the community property of marriage is separated pursuant to Article 35 paragraph (1) of Law No. 1 of 1974. The annulment of a testamentary deed that violates legitieme portie in community property renders invalid the portion of the will exceeding the testator's share and annuls the part that infringes upon the rights of legitimaris heirs in accordance with Article 903 in conjunction with Article 966 of the Civil Code. Supreme Court Decision No. 2748 K/Pd/2022 reinforces the legal protection of the wife's rights over one-half of the community property and the legitieme portie of heirs, while also emphasizing the importance of notarial prudence in drafting wills to prevent violations of inheritance lane provisions.