Management of Inheritance Rights for Mentally Handicapped Heirs

Antoni, Ihza Sapulete (2022) Management of Inheritance Rights for Mentally Handicapped Heirs. Undergraduate thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

The 1945 Constitution of the Republic of Indonesia guarantees legal certainty and protection that focuses on truth and justice, including the rights of mentally handicapped heirs, who should receive protection of their rights including inheritance rights attached to disabled heirs. mental, As is the case with normal heirs. This study uses 2 methods, namely the statute approach, namely the approach by using legislation and regulations. and a conceptual approach (conceptual approach) is used to examine and analyze the framework, conceptual framework or theoretical basis of the legal problem to be studied, from this approach researchers can use analytical methods in finding answers to the issues of this research. Based on the data analysis conducted, it was found that the inheritance rights of the mentally disabled heirs, regarding the inheritance that was carried out on the mentally disabled heirs, the rights of the heirs when the inheritance was open in the Civil Code in terms of Islamic Law. According to Islamic law, the nature of the transfer from the deceased to the heirs is the inheritance in a clean condition, meaning that after deducting the payment of debts from the inheritance and other payments due to the death of the inheritance, in this study the author analyzes the development of the inheritance. legal protection in inheritance which is the right of the heir, especially for heirs with mental disabilities. In this study, basiclly can be drawn on the forgiveness of mentally handicapped heirs in the Indonesian inheritance law system. necessary for people who suffer from mental disabilities and are able to carry out legal actions or are considered legally incompetent with the authority of the guardian to carry out personal and property management of the supervised party (Article 449 j.o 441 of the Civil Code). The custodian only performs management duties on matters related to the terampu's interests. Keywords: Human Rights, Inheritance, Mental Disability

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