Legal Literacy - In the division of inheritance, inheritance law becomes very useful as a guide so that the division of assets can be done fairly and in accordance with existing provisions. Therefore, it is important for us to know the law of inheritance, understanding, and the division of heir groups. The article below will discuss in more depth the definition of inheritance law and the division of heir groups according to civil law and Islamic law.

Definition of Inheritance Law

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

Classes of Heirs according to Civil Law

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

  • Group I, consisting of the longest-living husband or wife and their children or descendants.
  • Group II, consisting of parents and siblings of the heir.
  • Group III, consists of families in a straight line up after the father and mother of the heir.
  • Class IV: Paternal and maternal uncles and aunts of the testator, descendants of uncles and aunts up to the sixth degree counting from the testator, grandparents' relatives and their descendants, up to the sixth degree from the testator.