ANALISIS PUTUSAN KASASI MA-RI NOMOR 2981 K/PDT/2024 TERKAIT SENGKETA WARIS HARTA BAWAAN PASANGAN TANPA KETURUNAN

Abstract

This research was motivated by legal uncertainty regarding the inheritance of separate property in childless marriages due to differing interpretations between the Indonesian Civil Code and Law Number 1 of 1974 on Marriage. This study aims to analyze the ratio decidendi of the Supreme Court Cassation Decision of the Republic of Indonesia Number 2981 K/Pdt/2024 and its legal consequences. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings show that the Supreme Court based its reasoning on Articles 832 and 849 of the Indonesian Civil Code, considering all property in the marriage as part of the inheritance estate. Accordingly, the surviving spouse is entitled to inherit the entire estate, including the deceased’s separate property. As a result, the deceased’s siblings are excluded from inheritance rights, while the surviving spouse is recognized as the sole heir in the absence of descendants. The decision also provides legal certainty regarding the status of inherited property. However, parties who consider themselves aggrieved may still pursue extraordinary legal remedies in accordance with applicable laws. Consistent application of civil inheritance law is therefore essential to ensure legal certainty in inheritance dispute resolution.