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HARTA WARISAN YANG TAK TERAWAT

HARTA WARISAN YANG TAK TERAWAT

 

 

Ada harta warisan yang tak terawat, bilaman seseorang meninggal dunia dengan meninggalkan benda – benda miliknya, sedang tidak ada seorangpun yang mengaku sebagai ahli waris, atau bilaman semua ahli waris menolak harta warisan itu (Pasal 1126 KUHPeerdata/BW). Bila ini terjadi, maka yang berwenang mengurus harta warisan itu adalah Balai Harta Peninggalan (BHP).

Menurut Pasal 1127 BW, Balai Harta Peninggalan (BHP) itu harus secara tertulis memberitahukan mulai mengurus harta warisan itu kepada penuntut umum dari Pengadilan Negeri.

Apabila ada perselisihan paham mengenai ada atau tidaknya suatu harta warisan yang tidak terurus, maka hal itu harus diputuskan oleh Pengadilan Negeri atas permintaan orang yang berkompeten atau atas tuntutan Jaksa sesudah mendengar Balai Harta Peninggalan mengenai hal itu. Dalam hal ini, Pengadilan Negeri tidak terikat pada suatu acara apapun.

Selanjutnya oleh Pasal 1128 BW ditetapkan bahwa Balai Harta Peninggalan (BHP), kalau mulai mengurus harta warisan itu harus menyegel benda – benda warisan, kemudian mengadakan perincian dari benda – benda itu, lalu mengurus benda – benda itu dan selekas mungkin menyelesaikan pengurusan itu. Badan itu diwajibkan pula untuk memanggil ahli waris secara memasukkan iklan dalam surat – surat kabar atau dengan cara lain yang tepat. Badan ini diwajibkan pula untuk memanggil para ahli waris dan juga badan itu harus menghadapi di depan Hakim bilamana harta warisan yang diurus itu, digugat. Pokoknya mesti dilakukan segala kekuasaan dari si peninggal warisan terhadap harta benda itu. Dari pengurusan itu harus diberikan pertanggungjawaban sepenuhnya.

Menurut Pasal 1129 BW/KUHPerdata, bilamana 3 (tiga) tahun sudah lewat terhitung dari saat meninggalnya orang yang meninggalkan harta warisan, dengan tidak ada seorangpun yang muncul sebagai ahli waris, maka Balai Harta Peninggalan (BHP) harus membuat pertanggungjawaban yang penghabisan terhadap Kepala Negara, dan negara ini kemudian berkuasa untuk menguasai harta warisan itu.

Pada akhirnya, Pasal 1130 BW/KUHPerdata menetapkan, bahwa dalam hal tidak adanya ahli waris yang muncul sebagai orang yang berhak atas boedel, berlaku Pasal – Pasal 1037, 1038, 1039 dan 1041 BW/KUHPerdata, yaitu mengenai pembayaran utang – utang dari orang yang meninggalkan harta warisan, pemenuhan legat – legat dan pembayaran ongkos – ongkos untuk penyegelan, perincian barang – barang atau harta benda dan lain sebagainya.

About Author: Appe Hamonangan Hutauruk

Appe Hamonangan Hutauruk selaku Penulis tunggal pada Website: "Law Firm Appe Hamonangan Hutauruk & Associates" adalah seorang "Pegiat Penegakkan Hukum dan Hak Asasi Manusia" serta "Pemerhati Sosial Kemasyarakatan" yang berprofesi sebagai Advokat (Advocate), Konsultan Hukum (Legal Consultant) dan Dosen (lecturer) pada salah satu Universitas swasta di Jakarta, selain itu juga menduduki jabatan sebagai Ketua Umum pada Lembaga Swadaya Masyarakat (LSM) bernama "Komunitas Masyarakat Anti Korupsi dan Penggelapan Pajak (KOMAKOPEPA). youtube.com/c/BeritaHukumKebijakanPublik

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