TINJAUAN YURIDIS LEGAL STANDING AHLI WARIS TERHADAP GUGATAN SENGKETA BOEDEL WARIS ERROR IN PERSONA

Abstract

In judicial practice, the resolution of inheritance estate disputes depends not only on proving substantive rights but also on fulfilling the formal requirements of civil procedure, particularly regarding the legal standing of heirs and the proper identification of parties (error in persona). This study analyzes the legal standing of heirs in inheritance dispute litigation under civil law and examines the legal consequences of lawsuits containing an error in persona. Using a normative legal research method with statutory, conceptual, and case approaches, the study analyzes primary, secondary, and tertiary legal materials through prescriptive analysis. The findings show that the legal standing of heirs is based on their legal relationship with the decedent, as regulated in Articles 830, 832, and 833 of the Civil Code. Every heir has a legal interest in filing a lawsuit concerning the estate, provided that the joint nature of inheritance property and the purpose of the claim are considered. A lawsuit containing an error in persona is declared inadmissible (Niet Ontvankelijke Verklaard) for failing to meet formal procedural requirements. Although the merits are not examined, the plaintiff may refile the lawsuit after correcting the identification of the parties, thereby ensuring legal certainty, justice, and fairness.