PERLINDUNGAN HUKUM BAGI AHLI WARIS YANG TIDAK MENDAPAT BAGIAN WARISAN KARENA ADA SURAT WASIAT MEMBERIKAN WARISAN KEPADA SALAH SATU AHLI WARIS

Abstract

The purpose of writing this scientific journal as a requirement for graduation and a degree of law degree at the Faculty of Law of Airlangga University. Practical Hints from the writing of this journal can be seen whether precisely the decision of Kupang High Court Number: 69 / PDT / 2014 / PTK., Which apply customary law applicable in Rote in the inheritance of the Chinese class. Heirs and heirs of the Chinese class, so that is used as the basis of division of inheritance is the provision of Book II Civil Code of Material, which does not distinguish between the heirs of male or female sex. The sons of the testator as heirs according to the law which has absolute right that can not be disimpngi on the part of the inheritance as heir ab intestaso. The sons as an intestate ab heir, are the class I heirs who own the copyright for the 6 (six) children is ¾. The High Court of Kupang Number: 69 / PDT / 2014 / PTK., Who only ascended the heirs of the sons on the basis of his customary law (adat Rote), is by the principle contained in Book II of the Civil Code.
Keywords: Legal Protection, Heirs, Testament