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VOL. 4, ISSUE 5 (2017)
Legal conflict resolution for the demand of the absolute right of the heir in relation with fulfilling the concept of fair grant
Authors
Joyce Margareth Wurangian
Abstract
National development in Indonesia is done through several sectors that constitute an attempt systematically to achieve the national goal which is to actualize a fair and prosperous society as stated in the Opening of the Constitution of the Republic of Indonesia 1945 that serves as the basic concept in the life of the nation, and to ensure the country’s goal then in the constitution is made clear that Indonesia is a State of Law. Inheritance and Grant/Bequest are two different things but have a close correlation with the law if in the will/process of inheritance it turns out that there are grants/bequests given throughout one’s lifetime. Grants/bequests will have a close relationship with the process of inheritance. The provision of Article 920 of the Civil Code that governs the grant and inheritance in the development of the existing law could lead to conflict in society that is not simple. Legal clashes among heirs who feel that they have an essential role to the grantee will occur if in the process of inheritance there is a dispute among the heirs or involving a third party. Therefore, the problem that is presented in this study is: How is the resolution of legal conflict in the case of fulfilling absolute compliance that is related to grant/bequest? And how is the concept of equitable grant? The purpose of this study is to identify and analyze the legal conflict resolution in the case of demands to fulfill absolute parts related to the Grant; and to analyze the provisions concerning Inkorting and Inberg that can be put aside with an Authentic Deed. This study is a legal normative study to examine the principles of law and legal doctrine, the principles of law to answer the problems studied. This study was conducted by collecting data through secondary data research. Analysis of the data in this study used a qualitative approach. The data was analyzed extensively from existing sources and in unity, which was further developed systematically.
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Pages:210-218
How to cite this article:
Joyce Margareth Wurangian "Legal conflict resolution for the demand of the absolute right of the heir in relation with fulfilling the concept of fair grant". International Journal of Multidisciplinary Research and Development, Vol 4, Issue 5, 2017, Pages 210-218
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