PEMBATALAN HIBAH WASIAT (LEGAAT) TERHADAP PELANGGARAN LEGITIEME PORTIE

Civil inheritance law in the Book of Civil Law Act is included in the field of civil law thathave basic properties, which are set and no element of compulsion. As one branch of civil law that are set, is anything made by the heir to their property when they was still alive during their authority. There are two ways to obtain the inheritance, that is inheritance under the act, and inheritance based on testament. Grants testament is a special testament with which he is bequathed to someone or more to provide some of the goods of a certain type, such as for example, all his things moveable or immovable, or give rights to use the results of all or part of property legacy. The methods of this research was normative of juridical analysis with analytical descriptive. The data used were the secondary data. Technique of collecting data in this research was by studying document or literary material and field study or interview. The data analysis was using qualitative data analysis. Determination of special grants testament is the will of the heir, but that does not mean to rule out the legal provisions that regulate rights of the heirs, both regulated by law and by morality. If the grant testament apparently put aside law or morals, then for those heirs who feel aggrieved can ask for cancellation of the grant testament to the court. Inheritance based on the lawa there is the absolute (legitieme portie), which is part of the act to protect the heir ini making the testament that “override” legitimaris. The law protects legitimaris with the right to submitted lawsuit to the court that found out their right in the testament. In a law suit submitted inheritance, legitimaris position must be considered in the presence of a will. Legitimaris entitled to submit claims to fulfill their legitieme portie through inkorting/reduction of the testament