PENYELESAIAN SENGKETA TERHADAP AKTA WASIAT YANG MELANGGAR LEGITIME PORTIE DAN MERUGIKAN AHLI WARIS

Abstract

This research is prompted by recurring disputes over testamentary deeds that infringe upon the legitime portie, resulting in the reduction of forced heirs' absolute entitlements and generating legal uncertainty in estate distribution. The research addresses three main problems: the legal framework governing testamentary deeds that violate the legitime portie, the mechanism for resolving disputes arising from such deeds, and the legal consequences imposed on the involved parties. This study applies Dispute Resolution Theory and Legal Consequences Theory. This research applied a normative juridical method based on library research and secondary data, such as primary, secondary, and tertiary legal sources. This research adopted statutory, case, and analytical approaches. Legal materials were collected through the identification and inventory of applicable laws and regulations, books, journals, and other relevant legal sources. Data analysis used grammatical and systematic as well as legal construction through analogy and legal refinement. The research finds that the legal consequence of a will that violates the legitime portie is the reduction of the testamentary disposition (actie van inkorting) in order to restore the reserved portion rights of the legitimaris. The complete annulment of the deed may only be pursued where the deed contains an object beyond the testator’s legal authority. Therefore, dispute resolution should ideally be pursued through non-litigation mechanisms, such as deliberation, negotiation, or mediation, in order to preserve family relationships and achieve procedural efficiency. Litigation should be pursued as an ultimum remedium to ensure legal certainty and the protection of the heirs’ rights.