Analisis Hukum Penyelesaian Sengketa Pembagian Waris dalam Perspektif Hukum Perdata dan Hukum Adat Tionghoa (Studi Vonis No. 54/Pdt.G/2020/PN.Mdn Jo Vonis No. 22/Pdt/2021/PT MDN Vonis Jo No.3539 K/Pdt/2022)

Abstract

In practice, inheritance often becomes a source of legal dispute. Inheritance disputes frequently arise following the death of the decedent, typically involving conflicts among heirs, driven by greed or the desire to control most or all of the estate. This study seeks to examine: (1) the legal standing and inheritance rights of each heir according to the Indonesian Civil Code (KUHPerdata) and Chinese customary law; (2) the legal mechanisms for resolving inheritance disputes under both legal systems; and (3) the judge's legal considerations in delivering the verdict in Case No. 54/Pdt.G/2020/PN.Mdn This study employs a normative juridical approach, which involves analyzing legal norms through a literature study to obtain secondary data consisting of primary, secondary, and tertiary legal materials relevant to the research problems. The nature of this research is descriptive-analytical. Data were collected through a literature review of regulations and legal sources and analyzed using qualitative methods. The results reveal that the settlement of inheritance disputes among members of the Chinese customary law community, when pursued through the judiciary, refers to Article 852 of the Civil Code, which mandates equal distribution of inheritance between male and female heirs. This is in contrast to Chinese customary law, where inheritance distribution favors males due to differing responsibilities attributed to men and women within the family and ancestral obligations. According to the Civil Code, legal recourse for inheritance disputes may be pursued through civil litigation procedures, while in Chinese customary law, disputes are generally resolved through family deliberation and consensus. In Case No. 54/Pdt. G/2020/PN.Mdn, the court's judgment was based on the provisions of Article 852 of the Civil Code. The panel of judges granted the plaintiff's claim and ordered equal division of the inheritance among the plaintiff and the defendants-each receiving one-third (1/3) of the total estate of the late Hoei Sin Boi and the late Lie Sioe In. The judgment adhered to the Civil Code, which governs inheritance for members of the Chinese ethnic community in Indonesia.