{"title":"基于民法的遗嘱法律审查","authors":"Rykson Thri Mahatulus, Tjempaka Tjempaka","doi":"10.55324/josr.v2i10.1464","DOIUrl":null,"url":null,"abstract":"Creating a will, also known as a testament, is a crucial legal process through which an individual shapes the destiny of their assets posthumously. Inheritances frequently give rise to a multitude of legal and social complications, necessitating the implementation of clear-cut regulations in accordance with prevailing legal norms. Wills serve as a vital instrument in averting conflicts among heirs, enabling the fulfillment of the deceased's final wishes. This process allows for a structured distribution of assets, thereby minimizing disputes and familial discord. However, the formulation of a will is subject to specific limitations and constraints, mandating adherence to relevant statutory provisions. These constraints may include requirements for witnesses, mental capacity assessments, and the legal age at which one can create a will. Discrepancies between legal statutes and societal customs regarding wills cast doubt on the continued suitability of existing regulations within the evolving legal landscape. Therefore, delving into the regulation of wills as stipulated in the Civil Code (Kitab Undang-Undang Hukum Perdata) is imperative to gain insight into the contemporary legal framework governing this matter in Indonesia. Thorough research into these legal provisions will shed light on their applicability and efficacy, aiding in the development of a more relevant and coherent legal framework for wills in Indonesian society. Such an updated framework would serve to better protect the rights and interests of individuals, ensuring that their final wishes are carried out smoothly and justly, while also reducing the potential for legal disputes and societal conflicts.","PeriodicalId":38172,"journal":{"name":"Journal of Social Research and Policy","volume":"61 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2023-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal Review of Wills Based on Civil Law\",\"authors\":\"Rykson Thri Mahatulus, Tjempaka Tjempaka\",\"doi\":\"10.55324/josr.v2i10.1464\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Creating a will, also known as a testament, is a crucial legal process through which an individual shapes the destiny of their assets posthumously. Inheritances frequently give rise to a multitude of legal and social complications, necessitating the implementation of clear-cut regulations in accordance with prevailing legal norms. Wills serve as a vital instrument in averting conflicts among heirs, enabling the fulfillment of the deceased's final wishes. This process allows for a structured distribution of assets, thereby minimizing disputes and familial discord. However, the formulation of a will is subject to specific limitations and constraints, mandating adherence to relevant statutory provisions. These constraints may include requirements for witnesses, mental capacity assessments, and the legal age at which one can create a will. Discrepancies between legal statutes and societal customs regarding wills cast doubt on the continued suitability of existing regulations within the evolving legal landscape. Therefore, delving into the regulation of wills as stipulated in the Civil Code (Kitab Undang-Undang Hukum Perdata) is imperative to gain insight into the contemporary legal framework governing this matter in Indonesia. Thorough research into these legal provisions will shed light on their applicability and efficacy, aiding in the development of a more relevant and coherent legal framework for wills in Indonesian society. Such an updated framework would serve to better protect the rights and interests of individuals, ensuring that their final wishes are carried out smoothly and justly, while also reducing the potential for legal disputes and societal conflicts.\",\"PeriodicalId\":38172,\"journal\":{\"name\":\"Journal of Social Research and Policy\",\"volume\":\"61 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-09-26\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Journal of Social Research and Policy\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.55324/josr.v2i10.1464\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Social Research and Policy","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.55324/josr.v2i10.1464","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
摘要
立遗嘱(又称遗嘱)是一个至关重要的法律程序,通过它,个人可以决定其死后财产的命运。继承往往引起许多法律和社会问题,因此必须根据现行的法律规范执行明确的条例。遗嘱是避免继承人之间发生冲突的重要工具,使死者的最后愿望得以实现。这一过程允许有组织地分配资产,从而最大限度地减少纠纷和家庭不和。但是,遗嘱的订立受到特定的限制和约束,必须遵守有关的法律规定。这些限制可能包括对证人的要求、精神能力评估以及可以立遗嘱的法定年龄。关于遗嘱的法律法规和社会习俗之间的差异使人怀疑现有条例在不断变化的法律环境中是否继续适用。因此,深入研究《民法典》(Kitab Undang-Undang Hukum Perdata)中规定的遗嘱管理,对于深入了解印度尼西亚管理这一问题的当代法律框架至关重要。对这些法律规定进行深入的研究将阐明它们的适用性和效力,有助于为印度尼西亚社会的遗嘱制定一个更相关和连贯的法律框架。这样一个更新的框架将有助于更好地保护个人的权利和利益,确保他们的最后愿望顺利和公正地实现,同时也减少发生法律纠纷和社会冲突的可能性。
Creating a will, also known as a testament, is a crucial legal process through which an individual shapes the destiny of their assets posthumously. Inheritances frequently give rise to a multitude of legal and social complications, necessitating the implementation of clear-cut regulations in accordance with prevailing legal norms. Wills serve as a vital instrument in averting conflicts among heirs, enabling the fulfillment of the deceased's final wishes. This process allows for a structured distribution of assets, thereby minimizing disputes and familial discord. However, the formulation of a will is subject to specific limitations and constraints, mandating adherence to relevant statutory provisions. These constraints may include requirements for witnesses, mental capacity assessments, and the legal age at which one can create a will. Discrepancies between legal statutes and societal customs regarding wills cast doubt on the continued suitability of existing regulations within the evolving legal landscape. Therefore, delving into the regulation of wills as stipulated in the Civil Code (Kitab Undang-Undang Hukum Perdata) is imperative to gain insight into the contemporary legal framework governing this matter in Indonesia. Thorough research into these legal provisions will shed light on their applicability and efficacy, aiding in the development of a more relevant and coherent legal framework for wills in Indonesian society. Such an updated framework would serve to better protect the rights and interests of individuals, ensuring that their final wishes are carried out smoothly and justly, while also reducing the potential for legal disputes and societal conflicts.
期刊介绍:
Welfare states have made well-being one of the main focuses of public policies. Social policies entail, however, complicated, and sometimes almost insurmountable, issues of prioritization, measurement, problem evaluation or strategic and technical decision making concerning aim-setting or finding the most adequate means to ends. Given the pressures to effectiveness it is no wonder that the last several decades have witnessed the imposition of research-based social policies as standard as well as the development of policy-oriented research methodologies. Legitimate social policies are, in this context, more and more dependent on the accurate use of diagnostic methods, of sophisticated program evaluation approaches, of benchmarking and so on. Inspired by this acute interest, our journal aims to host primarily articles based on policy research and methodological approaches of policy topics. Our journal is open to sociologically informed contributions from anthropologists, psychologists, statisticians, economists, historians and political scientists. General theoretical papers are also welcomed if do not deviate from the interests stated above. The editors also welcome reviews of books that are relevant to the topics covered in the journal.