Kasus Perdata Dan Hukum Pidana Harta Waris

Abstract

Inheritance is a crucial aspect of family law that often triggers conflicts between heirs. This paper analyzes civil and criminal cases related to inheritance in Indonesia, focusing on regulations in the Civil Code (KUHPerdata) and the Criminal Code (KUHP). In the civil sphere, disputes over the distribution of inheritance based on Articles 833-1130 of the Civil Code are discussed, including wills, gifts, and the rights of legal heirs, as well as litigation procedures in district courts to settle property claims. Meanwhile, the criminal aspect highlights criminal acts such as forgery of inheritance deeds (Article 263 of the Criminal Code), embezzlement of inheritance assets (Article 372 of the Criminal Code), or fraud in heirloom transactions, which can result in criminal penalties of up to 5 years imprisonment.

The case studies analyzed include Supreme Court decision number 1234 K/Pdt/2020 and a criminal case in the South Jakarta District Court in 2022, which illustrate how inheritance conflicts can lead to dual civil and criminal charges. This interdisciplinary approach emphasizes the importance of pre-litigation mediation to prevent escalation, as well as legal reform to protect the rights of minority heirs, such as women and children born out of wedlock. In conclusion, the integration of civil and criminal law in the management of inheritance is necessary to maintain social justice and prevent economic losses for families.