KUH PERDATA DAN SENGKETA KEWARISAN: ANALISIS YURIDIS NORMATIF ATAS PERLINDUNGAN HAK PEWARIS DI INDONESIA

Abstract

Civil inheritance disputes in Indonesia continue to rise in both frequency and complexity, driven by evolving family structures, the emergence of digital assets, and the misalignment between colonial-era legal norms and contemporary justice principles. This study aims to identify the legal basis of civil inheritance disputes under Book II of the Indonesian Civil Code (KUH Perdata) and analyze its implications for the protection of testators’ rights. Employing a normative juridical approach, the research examines primary legal sources including Articles 830–1054 of the Civil Code, Law No. 1/1974 on Marriage, and relevant Supreme Court rulings, as well as secondary sources such as SINTA-indexed journal articles and authoritative legal literature. The findings reveal that the current inheritance provisions remain rigid, discriminatory against children born out of wedlock and women, and fail to accommodate modern assets such as cryptocurrency and digital property. Moreover, weak will-validation mechanisms and the absence of judicial specialization contribute to inconsistent rulings and the vulnerability of testators particularly the elderly or ill to manipulation by heirs. The study recommends a normative reform of the Civil Code, including mandatory mental capacity assessments for testators, enhanced notarial oversight, the establishment of specialized inheritance courts, harmonization of civil, customary, and religious inheritance laws, and the legal recognition of digital inheritance. The conclusion underscores that inheritance law reform   prioritizes substantive justice, gender equality, and human rights protection, in alignment with Pancasila and the 1945 Constitution.