THE VALIDITY OF WILLS WHICH VIOLATE THE LEGITIME PORTIE TOWARDS THE POSITION OF CHILD OUT OF MARRIAGE BASED ON THE INDONESIAN CIVIL LAWS

This study aims to analyze the validity of wills that violate absolute rights (legitimate portion) based on the Indonesian Civil Code and its legal consequences for the position of illegitimate children based on the Supreme Court Decision Number: 886 PK/Pdt/2018. In making a will, you must pay attention to the conditions regulated by law so that the will is valid. Article 913 of the Civil Code stipulates that a will may not violate the legitime portion of the heir. The study results show that the will violates the deed Legitime Portie, formally legal. Suppose it fulfills the provisions of Article 1868 of the Civil Code and Article 16 paragraph (1) letters i, j, k, and Article 38 of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public (UUJN). Materially, the willing deed that violates the legitime portie should be invalid or canceled. The right of legitimacy must be demanded by the legitimacy, as stipulated in Article 834 of the Civil Code. As long as the legitimacy does not sue, the will that violates the legitimacy remains valid and valid. Based on the court decision, the legal consequences of the violating will deed honest portie to the position of children out of wedlock, namely children out of wedlock who are recognized as heirs who are entitled to receive a legitime portie. The judge decides that the will is valid, and in its implementation, it is reduced by â…“ part legitimate portie of children out of wedlock.