Legal Literacy - In the division of inheritance, inheritance law is very useful as a guide so that the division of assets can be carried out fairly and in accordance with existing regulations. Therefore, it is important for us to know inheritance law, its meaning, and the division of groups of heirs. The article below will discuss in more depth the meaning of inheritance law and the division of groups of heirs according to civil law and Islamic law.

Definition of Inheritance Law

Inheritance law is basically a law that regulates what should happen to the assets of a person who dies, regarding the transfer of assets left behind and the consequences for the heirs. Prof. Wirjono Prodjodikoro defines inheritance law as the law that regulates the position of a person's assets after he dies (the testator), and the ways in which the assets are transferred to other people (the heirs as the people who receive the inheritance).

Groups of Heirs according to Civil Law

In civil law, heirs are divided into 4 groups. The provisions regarding these four groups are explained further in articles 852 to 861 of the Civil Procedure Code. The nature of these four groups of heirs is closed inheritance, meaning that if the first group exists and is willing to receive the inheritance, then the next group of heirs is closed and does not receive the inheritance from the testator. Therefore, it can be concluded that the division of groups of heirs is carried out to determine the main priority for the heirs who must be prioritized in receiving the inheritance from the testator. The four groups of heirs are as follows:

  • Group I, consisting of husband or wife who lives the longest and children or his descendants.
  • Group II, consisting of parents and siblings of the testator.
  • Group III, consisting of family in a straight line upwards after the testator's father and mother.
  • Group IV: Uncles and aunts of the testator from the father or mother, descendants of uncles and aunts up to the sixth degree counted from the testator, siblings of grandparents and their descendants, up to the sixth degree from the testator..