Application Of Article 916 A Book Of Civil Code By The Center For Legislative Assets For The Protection Of The Right To Inherit Minors For The Chinese Group (Case Study Of Tan Tjoen Kiah's Legislative Assets)

Feb 27, 2025 by ADMIN 209 views

Protects the Right of Minor Inheritance: Application of Article 916a of the Civil Code in the Case of the Legacy of Tan Tjoen Kiah

Introduction

The right to inherit is a fundamental aspect of the law, ensuring that individuals receive their rightful share of property and assets upon the passing of a loved one. However, this right can be compromised when minors are involved, as they are not capable of acting in law and require representatives to manage their inheritance. Article 916A of the Civil Code aims to protect the right to inherit not absolutely, by ensuring grants or wills made by heirs during their lifetime do not harm the absolute part of other heirs. This study examines the application of Article 916A of the Civil Code in the case of Tan Tjoen Kiah's legacy, with a focus on the efforts of the Medan Legislative Assets (BHP) in protecting the rights of minors.

The Importance of Article 916A of the Civil Code

Article 916A of the Civil Code is a crucial provision that ensures the protection of the right to inherit not absolutely. This article applies when there are three heirs in an inheritance process, namely the absolute heir, the heir who is not absolute, and a third party. In the case of Tan Tjoen Kiah, BHP Medan acts as a supervisor to protect the rights of minors who are not absolute heirs. The application of this article becomes important, especially in the case of inheritance involving minors, considering they are not capable of acting in law and need representatives in managing inheritance.

The Role of BHP Medan in Protecting the Rights of Minors

Medan BHP is prosecuted on the basis of the importance of protection of minors. Minors cannot manage their own inheritance, and if they are not divided, they will not benefit from the inheritance that should be their right. BHP Medan's role in protecting the rights of minors is crucial, as they act as a supervisor to ensure that the inheritance is managed in the best interest of the minors.

Constraints in the Implementation of Medan BHP Supervision Tasks

The application of the provisions regarding relics involving minors often does not go well. In the case of Tan Tjoen Kiah, BHP Medan faces obstacles in the process of separation and distribution of inheritance, mainly because of the large amount of inheritance. In addition, the lack of clarity in Article 916A of the Civil Code regarding strict sanctions for violations of the provisions of the wealth of minors is also an obstacle. The lack of clear guidelines and sanctions can lead to confusion and disputes among heirs and related parties, ultimately compromising the rights of the minors.

Recommendation

Based on the results of this study, there is a need for efforts to increase the effectiveness of the application of Article 916A of the Civil Code, especially in protecting the inheritance rights of minors. The following recommendations are made:

*** First **, a more detailed explanation of Article 916A Civil Code is needed to provide clearer guidelines for heirs and related parties in the inheritance process. This will ensure that all parties involved understand their roles and responsibilities in managing the inheritance.

*** Second **, strict sanctions are needed for violations of the provisions regarding the wealth of minors. This will serve as a deterrent for individuals who may attempt to compromise the rights of the minors.

*** Third **, the role of the hall of the inheritance as a supervisor needs to be strengthened in order to be able to carry out their duties optimally in protecting the rights of minors.

Conclusion

This study provides an overview of the importance of the application of Article 916A of the Civil Code in protecting the rights of minors. It is hoped that the results of this study can be an input for lawmakers, legal scientists, and also legal practitioners in an effort to increase the protection of the inheritance rights of minors in Indonesia. The application of Article 916A of the Civil Code is crucial in ensuring that the rights of minors are protected, and it is essential that all parties involved understand their roles and responsibilities in managing the inheritance.

References

Civil Code of Indonesia
Medan Legislative Assets (BHP) Regulations
Court decisions and judgments related to the case of Tan Tjoen Kiah

Future Research Directions

Future research can build on the findings of this study by exploring the following areas:

The impact of Article 916A of the Civil Code on the rights of minors in Indonesia
The role of BHP Medan in protecting the rights of minors in other cases
The effectiveness of the sanctions provided in Article 916A of the Civil Code in deterring violations
The need for further clarification and guidance on the application of Article 916A of the Civil Code

By exploring these areas, researchers can gain a deeper understanding of the importance of Article 916A of the Civil Code in protecting the rights of minors and identify areas for improvement in the application of this provision.
Frequently Asked Questions: Application of Article 916a of the Civil Code in the Case of the Legacy of Tan Tjoen Kiah

Q: What is Article 916A of the Civil Code?

A: Article 916A of the Civil Code is a provision that aims to protect the right to inherit not absolutely, by ensuring grants or wills made by heirs during their lifetime do not harm the absolute part of other heirs.

Q: Why is Article 916A of the Civil Code important?

A: Article 916A of the Civil Code is important because it ensures that the rights of minors are protected in the event of inheritance. Minors are not capable of acting in law and require representatives to manage their inheritance.

Q: What is the role of BHP Medan in protecting the rights of minors?

A: BHP Medan acts as a supervisor to protect the rights of minors who are not absolute heirs. They ensure that the inheritance is managed in the best interest of the minors.

Q: What are the constraints in the implementation of Medan BHP supervision tasks?

A: The application of the provisions regarding relics involving minors often does not go well. BHP Medan faces obstacles in the process of separation and distribution of inheritance, mainly because of the large amount of inheritance. Additionally, the lack of clarity in Article 916A of the Civil Code regarding strict sanctions for violations of the provisions of the wealth of minors is also an obstacle.

Q: What are the recommendations for improving the application of Article 916A of the Civil Code?

A: The following recommendations are made:

*** First **, a more detailed explanation of Article 916A Civil Code is needed to provide clearer guidelines for heirs and related parties in the inheritance process.

*** Second **, strict sanctions are needed for violations of the provisions regarding the wealth of minors.

*** Third **, the role of the hall of the inheritance as a supervisor needs to be strengthened in order to be able to carry out their duties optimally in protecting the rights of minors.

Q: What are the implications of this study for lawmakers, legal scientists, and legal practitioners?

A: The results of this study can be an input for lawmakers, legal scientists, and also legal practitioners in an effort to increase the protection of the inheritance rights of minors in Indonesia.

Q: What are the future research directions for this study?

A: Future research can build on the findings of this study by exploring the following areas:

The impact of Article 916A of the Civil Code on the rights of minors in Indonesia
The role of BHP Medan in protecting the rights of minors in other cases
The effectiveness of the sanctions provided in Article 916A of the Civil Code in deterring violations
The need for further clarification and guidance on the application of Article 916A of the Civil Code

Q: What are the benefits of this study for the community?

A: This study provides an overview of the importance of the application of Article 916A of the Civil Code in protecting the rights of minors. It is hoped that the results of this study can be an input for lawmakers, legal scientists, and also legal practitioners in an effort to increase the protection of the inheritance rights of minors in Indonesia.

Q: What are the limitations of this study?

A: The limitations of this study include the lack of clarity in Article 916A of the Civil Code regarding strict sanctions for violations of the provisions of the wealth of minors, and the obstacles faced by BHP Medan in the process of separation and distribution of inheritance.

Q: What are the future implications of this study?

A: The future implications of this study include the potential for lawmakers to revise Article 916A of the Civil Code to provide clearer guidelines and stricter sanctions for violations of the provisions regarding the wealth of minors. Additionally, the role of BHP Medan as a supervisor may be strengthened to ensure that the rights of minors are protected optimally.