SKRIPSI
KEDUDUKAN ANAK LUAR KAWIN DALAM MENDAPATKAN WARISAN YANG BAGIANNYA SAMA DENGAN ANAK SAH DIKAJI DARI BUKU I KITAB UNDANG-UNDANG HUKUM PERDATA
Death will definitely be experienced by every human being, the legal
consequences that arise from death, one of which concerns the issue of managing
the continuity of rights and obligations of heirs. In this case, the division of
inheritance often causes problems between one heir and another. In the case
examined by researchers that illegitimate children receive the same share of
inheritance as legitimate children, which is not in accordance with existing
regulations, the regulations regarding distribution of inheritance to illegitimate
children themselves have been regulated in Article 863 of the Civil Code. The
problem raised in this thesis is the position of illegitimate children in obtaining an
inheritance whose share is the same as legitimate children, studied from Book I of
the Civil Code, the legal consequences of the position of illegitimate children in
inheritance, receiving the same share as legitimate children, studied from Book I of
the Book. Civil Law and Efforts to Resolve the Position of Illegitimate Children in
Obtaining an Inheritance whose Shares Are the Same as Legitimate Children.
The method used in this research utilizes analytical descriptive research
specifications which use a normative juridical approach so that the researcher
describes this research by reviewing library material or secondary data. The
research stage itself goes through the literature stage obtained from library sources
or secondary data which is carried out by studying existing data from books,
journals, statutory regulations and other written sources relating to the research
the author conducted on the Position of Out-of-Marriage Children. Get an
inheritance whose share is the same as a legitimate child.
The results of this research can be concluded that the position of illegitimate
children in obtaining an inheritance whose share is the same as legitimate children
is studied from Book I of the Civil Code in decision case number
239/Pdt.G/2015/PN. JKT.PST should be different in accordance with Article 863 of
the Civil Code, which states that illegitimate children should receive 1/3 of the share
of legitimate children. The legal consequences arising from the position of an
illegitimate child in obtaining an inheritance whose portion is the same as a
legitimate child are studied from Book I of the Civil Code in case decision number
239/Pdt.G/2015/PN. JKT.PST can be canceled by the party who feels
disadvantaged. Efforts to resolve the position of illegitimate children in obtaining
an inheritance whose share is the same as that of a legitimate child in decision case
number 239/Pdt.G/2015/PN. JKT.PST is carried out by taking the litigation route
through the Central Jakarta District Court.
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