Efforts to Withdraw Inheritance Assets Controlled by One of the Heirs

This study aims to explain the efforts that can be used by aggrieved heirs to withdraw the inheritance property controlled by one of the heirs due to a will made under duress. The research method used is normative legal research using the statutory approach method and conceptual approach method. Novelty in this research is to provide the most appropriate effort in withdrawing inherited property controlled by one of the heirs, this novelty includes important elements that will contribute to science, especially in the field of inheritance law. Meanwhile, people only withdraw inherited property using the inheritance law approach. The research shows that there are various efforts to withdraw the inheritance controlled by another heir such as the Right of Hereditatis Petitio, the right to demand the distribution of inheritance, and unlawful acts. The author concludes, taking into account the advantages and disadvantages of each of these efforts, that the effort through the right of hereditatis petitio is the most appropriate effort to withdraw inherited property controlled by one of the heirs.

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Publication Details

Journal
JUSTISI
Published
2025-04-03
DOI
https://doi.org/10.33506/js.v11i2.4201
Primary Topic
Historical Economic and Social Studies
Type
article
Field-Weighted Citation Impact
0.00
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article

Efforts to Withdraw Inheritance Assets Controlled by One of the Heirs

Dewanto Satrio Prakoso, El-Roi Arauna, Christiana Tri Budhayati
JUSTISI
Historical Economic and Social Studies
article

Efforts to Withdraw Inheritance Assets Controlled by One of the Heirs

Dewanto Satrio Prakoso, El-Roi Arauna, Christiana Tri Budhayati
article en

Abstract

This study aims to explain the efforts that can be used by aggrieved heirs to withdraw the inheritance property controlled by one of the heirs due to a will made under duress. The research method used is normative legal research using the statutory approach method and conceptual approach method. Novelty in this research is to provide the most appropriate effort in withdrawing inherited property controlled by one of the heirs, this novelty includes important elements that will contribute to science, especially in the field of inheritance law. Meanwhile, people only withdraw inherited property using the inheritance law approach. The research shows that there are various efforts to withdraw the inheritance controlled by another heir such as the Right of Hereditatis Petitio, the right to demand the distribution of inheritance, and unlawful acts. The author concludes, taking into account the advantages and disadvantages of each of these efforts, that the effort through the right of hereditatis petitio is the most appropriate effort to withdraw inherited property controlled by one of the heirs.

JUSTISIVol. 11(2)
Satya Wacana Christian University (ID)
Openalex Percentile: Top 89%
Historical Economic and Social Studies
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