KEPASTIAN HUKUM PENETAPAN WARIS ATAS HAK ISTRI KEDUA YANG SAH BESERTA ANAKNYA SEPERTI HAK YANG DIPEROLEH ISTRI PERTAMA DAN ANAKNYA

Abstract

Legal certainty in determining inheritance for the first wife and his children and the second wife is an issue that is often a source of conflict in family law. In the Indonesian legal system, the distribution of inheritance is regulated based on the Civil Code and Islamic law for Muslims. The main issue that arises is how the inheritance rights of the second wife and her children can be legally recognized, especially if the polygamous marriage is carried out without official permission. The purpose of this research is to find out and analyze the rights of the second wife and her children in obtaining a share of inheritance rights according to the applicable law in Indonesia; the second wife and her children do not get the same inheritance as the first wife and her children. Research Method This research data source consists of primary, secondary, and tertiary data. Primary data is data obtained through legal materials that have binding legal force or that make people obey the law, such as laws and regulations and judges' decisions. In principle, each heir has the right to inherit the inheritance left by the heir, but the law stipulates that there are several heirs who cannot withdraw profits from the inheritance. The law stipulates that there are some people who are considered incapable of receiving benefits from an inheritance (will).

Keywords: Heirs, Wife, Rights, Guardians, Children