Kepastian Hukum Surat Wasiat dalam Pembagian Warisan Menurut Perspektif Kitab Undang-Undang Hukum Perdata dalam Sistem Hukum di Indonesia

Abstract

This study aims to analyze the legal certainty of wills concerning inheritance distribution from the perspective of the Indonesian Civil Code (KUHPerdata). A will is a legal instrument that plays an important role in determining a testator’s wishes regarding the distribution of their estate after death. However, in practice, issues often arise concerning its validity, execution, and legal protection for heirs. A will contains a person’s declaration of intent regarding actions or arrangements intended to take effect after death. In principle, the wishes expressed in a will remain under the testator’s control, allowing the will to be amended or revoked during the testator’s lifetime. Generally, a will is a legal document created during a person’s lifetime to regulate the distribution of assets after death. This study employs a normative legal research method using a statute approach and a conceptual approach. The data consist of primary legal materials as the basis for analyzing the legal issues, supported by secondary and tertiary legal materials. All materials are analyzed qualitatively. The findings indicate that the Indonesian Civil Code provides clear provisions concerning the validity requirements, forms, and binding force of wills. Nevertheless, legal certainty in the execution of wills still faces several obstacles, including claims related to the statutory share of inheritance (legitime portie), potential disputes among heirs, and limited public understanding of applicable legal provisions. Therefore, although the Indonesian Civil Code provides a legal framework for wills, effective implementation remains dependent on compliance with inheritance provisions and increased public legal awareness.