Heir Rights of Mixed Marriages According to Private International Law Perspectives

Abstract

In mixed marriages, several problems will arise, one of which is regarding the inheritance rights of children born from the marriage. The process of ownership or transfer of rights to land obtained by inheritance is most often a complicated problem among the community. Of course, if it is related to inheritance of land obtained from generation to generation. Even though according to law every human being is a bearer of rights without exception, this research is legal research, because this research was carried out based on legal rules which were studied in order to find solutions to the legal issues faced in this legal research. This is where the ability to identify legal issues, carry out legal reasoning, analyze the problems faced and then provide solutions to these legal issues is needed. The division of inheritance in marriage is also related to whether there can be a transfer of land rights from the right holder to another party due to a legal event, especially the death of the land right holder, where the transfer of land rights occurs due to inheritance, or due to legal actions carried out by the land right holder with other parties, especially in the form of sales, exchanges, subsidies, income sharing and auctions. What is meant by inheritance rights is the transfer of rights to land from a rights holder who has died. Upon death, the holder of land rights passes it on to his heirs. The loss of property inherited from land rights holders to heirs is not due to actions but rather transferred due to legal events. Regarding children, there are many regulations that apply. Family law focuses on the relationships and obligations between family members, while inheritance law regulates how a person's property and assets are inherited after death. Gifts and trusts are two important concepts that are often related to family law and inheritance law. If a mixed marriage takes place in Indonesia, a division of inheritance is carried out based on the BW and the laws in force in Indonesia. If the marriage takes place in another country, a plan for distribution of inheritance is carried out based on the laws and regulations in force in that country. At the time of marriage and divorce, the late Motiram still had the status of a foreign citizen, namely the son of the late Swita Motiram, but he was a foreign citizen, so the laws in force in Indonesia could not be applied to him.