HUKUM WARIS PERDATA

HUKUM WARIS PERDATA

 

Hukum waris dalam ilmu hukum merujuk pada ketentuan yang diatur dalam Kitab Undang-Undang Hukum Perdata (KUHPerdata). Pengaturan mengenai hukum waris tersebut dapat dijumpai dalam Pasal 830 sampai dengan pasal 1130 KUHPerdata. Meski demikian, pengertian mengenai hukum waris itu sendiri tidak dapat dijumpai pada bunyi pasal-pasal yang mengaturnya dalam KUHPerdata tersebut.

Hukum waris menurut Vollmar merupakan perpindahan harta kekayaan secara utuh, yang berarti peralihan seluruh hak dan kewajiban orang yang memberikan warisan atau yang mewariskan kepada orang yang menerima warisan atau ahli waris.

Hukum waris menurut Pitlo adalah sekumpulan peraturan yang mengatur hukum mengenai kekayaan karena meninggalnya seseorang. Pengertian mengenai hukum waris juga dapat ditemukan  dalam Instruksi Presiden Nomor 1 Tahun 1991, dalam Pasal 171 disebutkan bahwa: “Hukum Waris adalah hukum yang mengatur tentang pemindahan hak pemilikan atas harta peninggalan pewaris kemudian menentukan siapa-siapa yang berhak menjadi ahli waris dan menentukan berapa bagian masing-masing”..

Secara umum dapat dikatakan bahwa hukum waris adalah hukum yang mengatur mengenai kedudukan harta dan kekayaan seseorang setelah meninggal dunia dan mengatur mengenai cara-cara berpindahnya harta kekayaan tersebut kepada orang lain.

Warisan merupakan segala sesuatu peninggalan (bisa asset dan bisa utang) yang ditinggalkan oleh pewaris (orang yang meninggal) dan diwasiatkan kepada Ahli waris. Wujud warisan tersebut dapat berupa harta (harta yang bergerak dan harta tidak bergerak) dan termasuk juga diwarisi utang (kewajiban). Harta yang bergerak seperti kendaraan, logam mulia, sertifikat deposito dan lain sebagainya. Harta tidak bergerak seperti rumah dan tanah. Utang seperti utang kepada pihak bank,  dan pihak lainnya.

PRINSIP UMUM DALAM KEWARISAN (PEWARISAN), meliputi:

  1. Pewarisan terjadi karena meninggalnya pewaris dengan harta peninggalan;
  2. Hak-hak dan kewajiban dibidang harta kekayaan “beralih” demi hukum. Pasal 833 KUHPerdata (Saisine) → menimbulkan hak menuntut → Heriditatis Petitio
  3. Yang berhak mewaris menurut UU mereka yang mempunyai hubungan darah → pasal 832 KUHPerdata;
  4. Harta tidak boleh dibiarkan tidak terbagi;
  5. Setiap orang cakap mewaris kecuali pasal 838 KUHPerdata (onwaardig);

CARA MEWARIS, dapat terjadi melalui ketentuan sebagai berikut:

  • Mewaris berdasarkan Undang – Undang  (ab intestato)
    1. Atas dasar kedudukan sendiri;
    2. Atas dasar penggantian;
  • Mewaris berdasarkan testament (wasiat);

 

Created  and Posted By:
Appe Hamonangan Hutauruk, SH., MH.
Lecturer, Advocate and Legal Consultant
Handphone: 0818964919, 085959597919, 081213502002

 

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  77. With havin so much written content do you ever run into any issues of plagorism or copyright violation? My website has a lot of completely unique content I’ve either authored myself or outsourced but it appears a lot of it is popping it up all over the web without my authorization. Do you know any ways to help stop content from being ripped off? I’d certainly appreciate it.

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