Understanding the Concept of Joint Property

Oct 13, 2025 by windailys.com 82 views

Analysis of the Will of the Joint Property Carried Out After the Husband Dies Based on the Decision of the Religious Court No. 2304/Pdt.G/PA Medan

Introduction

The will is an official document compiled by an authorized official, in this case a notary, which serves to regulate the distribution of inheritance after someone dies. In this context, based on Article 921 of the Civil Code, a will must include all the assets that exist at the time of the donation or heir to die. When the rights of an heir are violated, they have the right to file a civil suit to demand their inheritance rights. One example of this problem can be seen in the decision of the Religious Court No. 2304/PDT.G/2017/PA Medan, who raised the inheritance dispute between Drs. H. Aul and Hj. Ahn.

In that case, Hj. Ahn has compiled two wills of the will governing the distribution of assets she has and her husband. However, because of the will, the siblings and nephews of H. Aul felt disadvantaged because they did not get a part of the inheritance. The plaintiffs consider that the Defendant, both Defendant I and Defendant II, as if they had full rights to the inheritance of Aul and Ahn, while they were also entitled to the property. Mediation efforts between the two parties have been carried out but failed, so the plaintiffs filed a civil lawsuit to court with the aim of canceling a will made by Hj. Ahn.

Legal Analysis

This research is an analytical descriptive research that aims to provide a systematic picture and analysis of legal issues that occur. Data collection was carried out through literature studies and field research, by collecting secondary data that included primary, secondary and tertiary legal materials.

Based on Article 96 paragraph (1) of the compilation of Islamic law, the joint property owned by a married couple after one of the dead, will be the right of a living couple. In this case, Hj. Ahn has the right to make a will for a joint property after her husband dies, as long as it does not violate the conditions set in making a will.

However, the will made by Defendant II as a notary turned out to violate the applicable limits. In accordance with Article 201 Compilation of Islamic Law, if a will violate the existing provisions, then the will can only be carried out for one third of the total inheritance. In this case, the will exceeds one third limit without the approval of other heirs and made when Hj. Ahn was seriously ill, one month before he died.

Understanding the Concept of Joint Property

Joint property is a concept that is widely recognized in Islamic law, which refers to the property owned by a married couple together. In Islamic law, joint property is considered to be the right of the living couple, and it is not subject to the rules of inheritance. However, when one of the spouses dies, the joint property becomes subject to the rules of inheritance, and it is divided among the heirs according to the applicable laws.

In this case, Hj. Ahn has the right to make a will for the joint property after her husband dies, as long as it does not violate the conditions set in making a will. However, the will made by Defendant II as a notary turned out to violate the applicable limits, and it can only be carried out for one third of the total inheritance.

The Importance of Understanding the Conditions of Making a Will

Making a will is an important aspect of estate planning, and it is essential to understand the conditions that must be met in making a will. In Islamic law, a will must be made in accordance with the applicable laws, and it must not violate the rights of the heirs. In this case, the will made by Hj. Ahn was made when she was seriously ill, one month before her husband died, and it exceeded the one third limit without the approval of other heirs.

The Role of the Notary in Making a Will

A notary plays an important role in making a will, as they are responsible for ensuring that the will is made in accordance with the applicable laws. In this case, Defendant II as a notary turned out to violate the applicable limits, and it can only be carried out for one third of the total inheritance.

Conclusion

Based on the analysis above, the will made by Hj. AHN can be considered invalid and can be canceled because it violates the applicable legal provisions. The results of the court decision are expected to be an important precedent for handling cases of wills and inheritance in Indonesia, especially those involving joint assets between husband and wife. The heirs who feel disadvantaged are entitled to get their rights in accordance with existing provisions, and are important for all parties to understand the boundaries and conditions that must be met in making a will. Thus, it is hoped that clarity and justice will emerge in the distribution of inheritance in the future.

Recommendations

Based on the analysis above, the following recommendations can be made:

The court decision should be an important precedent for handling cases of wills and inheritance in Indonesia, especially those involving joint assets between husband and wife.
The heirs who feel disadvantaged are entitled to get their rights in accordance with existing provisions.
All parties should understand the boundaries and conditions that must be met in making a will.
The notary should ensure that the will is made in accordance with the applicable laws.

Limitations of the Study

This study has several limitations, including:

The study only analyzed one case of wills and inheritance in Indonesia.
The study did not consider other factors that may affect the distribution of inheritance, such as the cultural and social context of the family.
The study did not provide a comprehensive analysis of the applicable laws and regulations related to wills and inheritance in Indonesia.

Future Research Directions

Future research should focus on the following areas:

Conducting a comprehensive analysis of the applicable laws and regulations related to wills and inheritance in Indonesia.
Examining the cultural and social context of the family and its impact on the distribution of inheritance.
Investigating the role of the notary in making a will and its impact on the distribution of inheritance.

References

Compilation of Islamic Law (Kompilasi Hukum Islam)
Civil Code (Kode Sipil)
Decision of the Religious Court No. 2304/PDT.G/2017/PA Medan
Notary Law (Undang-Undang Notaris)
Q&A: Analysis of the Will of the Joint Property Carried Out After the Husband Dies Based on the Decision of the Religious Court No. 2304/Pdt.G/PA Medan

Q: What is the will and how does it relate to the distribution of inheritance?

A: The will is an official document compiled by an authorized official, in this case a notary, which serves to regulate the distribution of inheritance after someone dies. In this context, based on Article 921 of the Civil Code, a will must include all the assets that exist at the time of the donation or heir to die.

Q: What is joint property and how is it affected by the death of one spouse?

A: Joint property is a concept that is widely recognized in Islamic law, which refers to the property owned by a married couple together. In Islamic law, joint property is considered to be the right of the living couple, and it is not subject to the rules of inheritance. However, when one of the spouses dies, the joint property becomes subject to the rules of inheritance, and it is divided among the heirs according to the applicable laws.

Q: What are the conditions that must be met in making a will?

A: In Islamic law, a will must be made in accordance with the applicable laws, and it must not violate the rights of the heirs. The will must also be made in a state of mental capacity and must not be influenced by external factors.

Q: What is the role of the notary in making a will?

A: A notary plays an important role in making a will, as they are responsible for ensuring that the will is made in accordance with the applicable laws. The notary must also ensure that the will is made in a state of mental capacity and that it does not violate the rights of the heirs.

Q: What are the consequences of making a will that violates the applicable laws?

A: If a will is made that violates the applicable laws, it can only be carried out for one third of the total inheritance. In this case, the will made by Hj. Ahn exceeded the one third limit without the approval of other heirs and was made when she was seriously ill, one month before her husband died.

Q: What is the significance of the court decision in this case?

A: The court decision is an important precedent for handling cases of wills and inheritance in Indonesia, especially those involving joint assets between husband and wife. The decision highlights the importance of understanding the boundaries and conditions that must be met in making a will.

Q: What are the implications of this case for the distribution of inheritance in Indonesia?

A: This case has significant implications for the distribution of inheritance in Indonesia, as it highlights the importance of understanding the applicable laws and regulations related to wills and inheritance. It also emphasizes the need for all parties to understand the boundaries and conditions that must be met in making a will.

Q: What are the recommendations for future research in this area?

A: Future research should focus on conducting a comprehensive analysis of the applicable laws and regulations related to wills and inheritance in Indonesia. It should also examine the cultural and social context of the family and its impact on the distribution of inheritance. Additionally, it should investigate the role of the notary in making a will and its impact on the distribution of inheritance.

Q: What are the limitations of this study?

A: This study has several limitations, including the fact that it only analyzed one case of wills and inheritance in Indonesia. It also did not consider other factors that may affect the distribution of inheritance, such as the cultural and social context of the family. Finally, it did not provide a comprehensive analysis of the applicable laws and regulations related to wills and inheritance in Indonesia.

Q: What are the future research directions in this area?

A: Future research should focus on the following areas:

Conducting a comprehensive analysis of the applicable laws and regulations related to wills and inheritance in Indonesia.
Examining the cultural and social context of the family and its impact on the distribution of inheritance.
Investigating the role of the notary in making a will and its impact on the distribution of inheritance.