Tinjauan Hukum Terhadap Bagian Mutlak (Legitime Portie) Ahli Waris Terhadap Harta Warisan Menurut Kitab Undang-Undang Hukum Perdata

  • Erwien Adisiswanto Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo
  • Wahibatul Maghfuroh Dosen Fakultas Hukum, Universitas Panca Marga Probolinggo


This study aims to determine the absolute part of a part of the inheritance that must be given to the heirs in a straight line according to the law, to which part of the deceased is not allowed to determine something, either as a gift between the living, or as a will as stipulated in the law. regulated in Article 913 of the Civil Code. The research method used in this research is normative legal research, namely research based on library research.The heirs according to the law consist of four groups. The first group consists of the husband or wife who has lived the longest plus children or children and the descendants of these children (regulated in articles 832 and 852 of the Civil Code). The second group consists of biological father and mother (if both are still alive), father or mother (if one of them has died) and brothers or sisters and their descendants (regulated in articles 854 to 857 of the Civil Code). While the third group consists of grandparents from the maternal line and grandparents from the paternal line (regulated in Article 850 and Article 853 of the Civil Code). The fourth group consists of other heir's relatives and is regulated in Article 858 and Article 861 of the Civil Code.

Keywords : Legitime Portie, Heir, Legacy