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INDONESIAN CIVIL CODE


Book Two - Assets


Page 1 (Article 1-91) - Page 2 (Article 92-182) - Page 3 (Article 183-273) - Page 4 (Article 274-364) - Page 5 (Article 365-455) - Page 6 (Article 456-498) - Page 7 (Article 499-589) - Page 8 (Article 590-680) - Page 9 (Article 681-771) - Page 10 (Article 772-862) - Page 11 (Article 863-953) - Page 12 (Article 954-1044) - Page 13 (Article 1045-1135) - Page 14 (Article 1136-1226) - Page 15 (Article 1227-1232) - Page 16 (Article 1233-1323) - Page 17 (Article 1324-1414) - Page 18 (Article 1415-1505) - Page 19 (Article 1506-1596) - Page 20 (Article 1597-1687) - Page 21 (Article 1688-1778) - Page 22 (Article 1779-1864) - Page 23 (Article 1865-1955) - Page 24 (Article 1956-1993)



Contents

Chapter X - Concerning Use Of Proceeds

Article 772

The user of the proceeds may personally exercise his right to the use of the proceeds or shall hire out the property or grant a long term lease thereof, or sell or encumber the use of the proceeds, or dispose of it without charge. He shall, however, whether in the course of his own enjoyment, or hiring, or long term lease, or disposal, observe the local custom and the custom of the owners, and shall not change the use of the property to one which shall be detrimental to the owners.

During the term of the hire or long term lease, he shall also, having regard to the different nature and the purpose of the assets, observe the local customs and the customs of the owners. In the absence of such customs or habits, houses may not be leased for longer than four years, and land may not be leased for longer than seven years.

English - Bahasa Indonesia

Article 773

All hires or long term leases of immovable property in respect of which there is a use of proceeds, which were entered into for more than two years prior to the commencement of the hire or the long term lease, may, at the request of the owner, be terminated, if the right of the user of the proceeds ceases within that period of time.

English - Bahasa Indonesia

Article 774

The user of the proceeds shall have the enjoyment of addition to the assets, of which he has the use, which have resulted from alluvial deposit. He shall have, in the same manner as the owner, the enjoyment of servitudes, and of all other rights which the owner is entitled to exercise. He shall also be entitled to exercise hunting and fishing rights.

English - Bahasa Indonesia

Article 775

He shall also, in the same manner as the owner, be entitled to the enjoyment of quarries and peat bogs, which were in the course of development at the time of commencement of the use of proceeds.

English - Bahasa Indonesia

Article 776

The user of the proceeds shall not have any rights whatsoever in respect of quarries and peat bogs which are not in the course of development, and shall, therefore, not exploit any turf or other minerals prior to the commencement of the development or exploration, unless otherwise stipulated.

English - Bahasa Indonesia

Article 776a

Pursuant to the use of proceeds of a mining concession, the user of the proceeds shall be entitled to enjoyment in the same manner as the holder of the concession.

English - Bahasa Indonesia

Article 777

The user of the proceeds shall not be entitled to treasure, which, during the period of use of the proceeds, is found by another individual on the lands of which he is entitled to enjoyment. In the event that he personally finds treasure, he shall be entitled to demand his portion thereof, in accordance with article 587.

English - Bahasa Indonesia

Article 778

The owner must permit the user of the proceeds to enjoy the use thereof, without obstructing his enjoyment.

English - Bahasa Indonesia

Article 779

The user of the proceeds cannot demand any compensation at the termination of the use of the proceeds, for improvements which he claims to have made, notwithstanding that the value of the property has increased as a result thereof. However, such improvements may be taken into account when assessing the damages resulting from damage to the property.

English - Bahasa Indonesia

Article 780

Mirrors, paintings and other accessories which have been brought in by the user of the proceeds, may be taken back by him or his heirs, provided that the locations of those items shall be restored to their previous condition.

English - Bahasa Indonesia

Article 781

The user of the proceeds may execute all civil lawsuits which the owner is entitled to execute pursuant to law.

English - Bahasa Indonesia


SECTION 3 - CONCERNING THE OBLIGATIONS OF THE USER OF PROCEEDS (USUFRUCTUARY)

Article 782

The user of proceeds shall take over the property in the condition that it was in at the commencement of the use of the proceeds. He shall return the property at the termination of the use of proceeds in the condition that it is in at such time, without prejudice to the stipulations of articles 779 and 780 and the compensation which is due to the owner, as a result of damage caused.

English - Bahasa Indonesia

Article 783

The user of the proceeds shall, at his expense, and in the presence of the owner, or if not, having properly summoned him, arrange for a description of the movable and inventory of the immovable assets to be drafted, which assets are subject to the use of proceeds. No individual can be released from this obligation, which shall be stipulated in the deed setting forth the use of the proceeds. The description and the inventory may be drafted in private, if the owner is present.

English - Bahasa Indonesia

Article 784

The user of the proceeds shall furnish a lawful personal or business guarantee, that he, in the manner of a good head of the household, shall use the assets, the proceeds from which he has use, without causing them to depreciate or neglecting them, provided that the assets shall be returned, or the value thereof shall be returned if the assets in question are those mentioned in article 757.

English - Bahasa Indonesia

Article 785

The user of the proceeds may be released from the obligation to furnish a guarantee by provision in the deed stipulating the use of proceeds. Parents, who are legally entitled to enjoyment of the proceeds from their children's assets, such as those who have disposed of their assets by sale or gift subject to maintenance by them of the use of proceeds, shall not be bound by such obligation. The same shall also apply to the user of proceeds of assets which are managed by other individuals, without prejudice to the stipulation in article 789.

English - Bahasa Indonesia

Article 786

In the event that the user of the proceeds does not furnish any security, the owner shall be entitled to personally manage the assets which are subject to the use of proceeds, provided that he furnishes security. In the absence of this, the immovable assets shall be hired out, leased under long term lease, or placed under the management of a third party; the amounts of money, constituting the proceeds to be used, shall be invested, and the food and other matters which can only be used by consumption, shall be sold, in order that the proceeds therefrom may also be invested. The interest which may accrue on these amounts of money, including the rent shall belong to the user of the proceeds.

English - Bahasa Indonesia

Article 787

If all or part of the proceeds being used, consist of movable assets, which are depleted by the use thereof, the user of the proceeds shall, in the absence of the provision of security, not lose his entitlement to the enjoyment thereof, provided that he swears under oath that he cannot provide any security, and provided that he promises to redeliver the goods upon termination of the use of proceeds. The owner may demand that the user of the proceeds shall be left only that part of the movable assets, which is necessary for his use, and that the remainder shall be sold and the proceeds thereof invested, as mentioned in the previous article.

English - Bahasa Indonesia

Article 788

The user of proceeds, to which he was entitled from the time of commencement of the use of proceeds, shall not be deprived of the proceeds because of a delay in providing security.

English - Bahasa Indonesia

Article 789

Those individuals, appointed to manage the assets subject to the use of proceeds, are required to provide a legally valid personal or business guarantee, prior to acceptance of their management.

English - Bahasa Indonesia

Article 790

Each year, managers must account for their actions, to the user of the proceeds, which shall include the submission of the balance of their accounts. Upon termination of their management, they shall account for their actions to the owner as well as the user of the proceeds. The owner, who, pursuant to the first paragraph in article 786, manages the assets, must in the same manner, account for his actions to the user of the proceeds.

English - Bahasa Indonesia

Article 791

Managers may be discharged for the same reasons as conservators; such as negligence in the fulfillment of the obligation imposed on them as mentioned in the first paragraph of article 790.

English - Bahasa Indonesia

Article 792

If, for any reason, the management ceases, the user of the proceeds shall regain all former rights.

English - Bahasa Indonesia

Article 793

The user of the proceeds shall be obligated only to carry out repairs for the purpose of maintenance. Major repairs shall remain the responsibility of the owner, unless these have resulted from negligence in regular maintenance since the commencement of the use of proceeds; in which case the user of the proceeds shall also be responsible therefor.

English - Bahasa Indonesia

Article 794

Major repairs include the following: repairs to big walls and arched roofs; repairs to beams and entire roofs; the total repair of dikes, wharf's, plastered waterworks, including supporting and boundary walls. All other repairs shall be regarded as regular maintenance.

English - Bahasa Indonesia

Article 795

Neither the owner, nor the user of the proceeds, shall be required to rebuild that which has been damaged due to the passage of time or accident.

English - Bahasa Indonesia

Article 796

The user of the proceeds, shall be required, during the period of his enjoyment, to be responsible for all annual and regular charges imposed on the property, such as ground rent, taxes and other such charges, which are usually regarded as charges incurred in the process of enjoying the proceeds.

English - Bahasa Indonesia

Article 797

The owner shall be personally liable for special charges, which might be imposed on the property, during the use of the proceeds, although the user of the proceeds is required to compensate him for the interest charged during the use of the proceeds. In the event that the user of the proceeds has paid the charges in advance, he may, upon termination of the use of the proceeds, demand to be reimbursed for the charges but excluding any interest that might have accrued during the use of the proceeds.

English - Bahasa Indonesia

Article 798

An individual who has a general use of proceeds or a use of proceeds based on a general title, shall with and in addition to the owner settle the debts in the following manner: The value of the property, which is subject to the use of proceeds shall be estimated; the amount of debts to be settled shall then be determined, based on the value of the property. In the event that the user of the proceeds wishes to advance a loan to the value of the property, then the principal sum shall be returned to him at the termination of the use of proceeds, exclusive of interest. If the user of the proceeds is unwilling to advance such a loan, then the owner may either pay this amount himself, in which case the user of the proceeds shall owe him the interest charged during the use of the proceeds, or, may encumber or sell part of the assets subject to the use of proceeds, for a sum up to the amount required to settle the debts.

English - Bahasa Indonesia

Article 799

An individual, who has the use of proceeds based on a special title, shall not be required to settle the debts, in respect of which the property subject to the use of proceeds, has been secured. In the event that he settles this debt in order to prevent eviction from the property, he may claim reimbursement therefor from the owner.

English - Bahasa Indonesia

Article 800

A life-annuity, or annual allowance for support, which has been provided by a testator, shall devolve in its entirety upon the individual to whom the entire use of proceeds has been bequeathed, and in proportion to the enjoyment of the individual who has been bequeathed part only of the use of proceeds, subject to neither individual being permitted to file a claim.

English - Bahasa Indonesia

Article 801

The user of the proceeds shall be liable only for the payment of the costs incurred in lawsuits concerning his use of proceeds, and the payment of all other penalties arising from such lawsuits. If the dispute concerns the owner and the user of the proceeds simultaneously, and they are both parties in the suit, they shall contribute to the costs, in proportion to their mutual interests, to be determined by the judge.

English - Bahasa Indonesia

Article 802

If, during the use of the proceeds, a third party commits an unlawful act on the property, or attempts to curtail the rights of the owner, the user of the proceeds shall be required to notify the owner thereof; failure to do so shall render him liable for any damage resulting from the unlawful act, in the same manner as he is required to compensate for damage caused by him or those for whom he is responsible.

English - Bahasa Indonesia

Article 803

If the assets are managed by a third party, the managers must protect the rights of the owner and the user of the proceeds; failure to do so shall render them liable for costs, damages and interest. They may not act on behalf of the owner or the user of the proceeds in court, whether plaintiff or defendant, without having been authorized to do so by the party involved in the case.

English - Bahasa Indonesia

Article 804

In the event that the use of proceeds from a herd of animals is granted, which herd of animals is totally destroyed by accident or illness due to no fault of the user of the proceeds, he shall only be required to account to the owner for the skins or the value thereof. If the herd is only partially destroyed, the user of the proceeds shall be required to replace the dead animals with the young.

English - Bahasa Indonesia

Article 805

If the use of the proceeds only relates to one or more animals and not to the whole herd and those animals die due to no fault of the user of proceeds, he shall not be required to replace those animals or reimburse the value thereof but shall only required to return the skins or the value thereof.

English - Bahasa Indonesia

Article 806

The user of the proceeds of a ship must insure it in the event of overseas travel. Failure to do so shall render him liable to the owner for any damage caused.

English - Bahasa Indonesia


SECTION 4 - TERMINATION OF THE USE OF PROCEEDS

Article 807

The use of proceeds shall terminate as follows:

(1)   due to the demise of the user of the proceeds;
(2)   if the time period or the requirements in respect of use of proceeds has expired or has been complied with;
(3)   by merger, resulting in the property and the use of proceeds being held by one individual;
(4)   by relinquishment of the use of proceeds by the user for the benefit of the owner;
(5)   by prescription, if the user of the proceeds has not made use of his rights for a period of thirty years;
(6)   by the destruction of the property subject to the use of proceeds.

English - Bahasa Indonesia

Article 808

The use of proceeds granted in the interest of several individuals jointly, shall terminate upon the demise of the last surviving individual. The use of proceeds granted in the interest of an entity shall terminate as a result of the liquidation of such entity.

English - Bahasa Indonesia

Article 809

The use of proceeds which has been granted until a third individual has reached a certain age, shall continue until that time, notwithstanding that the person may pass away before reaching the stipulated age without prejudice to the stipulations in the fourteenth chapter of the first book of this Civil Code regarding the legal enjoyment of the parents.

English - Bahasa Indonesia

Article 810

The use of proceeds may not be granted to an entity for longer than thirty years.

English - Bahasa Indonesia

Article 811

If part only of the property subject to the use of proceeds has been destroyed, the use of proceeds shall continue to be valid in respect of the remainder thereof. Floods shall not result in termination of the use of proceeds, to the extent that the user of the proceeds is able to exercise his right in accordance with the nature of the circumstances. The use of the proceeds shall be fully reinstated, after the property has dried up either as a result of nature or manual labor; without prejudice to the stipulation in article 594.

English - Bahasa Indonesia

Article 812

In the event that the use of proceeds relates only to a building, which is destroyed by fire or some other accident or due to old age, the user of the proceeds shall not have any right of enjoyment with regard to the property or to the building materials. If the use of proceeds covers a plot of land, of which the building is part, the user of the proceeds shall have the enjoyment of the land, and may use the building materials, either to re-build that which was destroyed, or to repair other buildings which comprise part of the property.

English - Bahasa Indonesia

Article 813

The use of proceeds of a vessel shall be deemed void, in the event that the vehicle is irreparable. The user of the proceeds shall not be entitled to the wreck or remains thereof.

English - Bahasa Indonesia

Article 814

The use of proceeds of any interest, loan or agreement shall not cease as a result of the settlement of the principal sum. The user of the proceeds shall be entitled to demand the re-investment thereof for his benefit.

English - Bahasa Indonesia

Article 815

The use of proceeds may also terminate as a result of abuse by the user of the proceeds of enjoyment, whether by damaging the assets, or by allowing such assets to deteriorate by failing to carry out appropriate repair and maintenance thereof.

English - Bahasa Indonesia

Article 816

The judge may, in those circumstance, either order total destruction of those assets in respect of which the use of proceeds has been granted, or place the assets under the management of a third party, or return the assets to the owner, with the provision that he must pay a certain sum to the user of the proceeds on an annual basis, until such time that the use of proceeds would have terminated. If, however, the user of the proceeds or his creditors offer to repair the damage caused by the abuse committed, and to provide sufficient security thereafter, the judge shall re-instate the user of the proceeds in the position of enjoyment of his rights.

English - Bahasa Indonesia

Article 817

The nullification of the use of proceeds shall not terminate the lease agreements concluded pursuant to article 772.

English - Bahasa Indonesia

Chapter XI - Concerning Use And Occupation

Article 818

The right of use and that of occupation are property rights which are obtained and revoked in the same manner as the use of proceeds.

English - Bahasa Indonesia

Article 819

The obligations imposed on the user of the proceeds to provide security, to draft an inventory and description of the property, to enjoy the property as a proper head of the household and to return the property, shall also apply to the individual who has the right of use and occupation.

English - Bahasa Indonesia

Article 820

The right of use and occupation shall be regulated in accordance with the chapter which deals with these; in the event that no provisions regarding the extent of those rights have been made, these rights shall be regulated in accordance with the following articles.

English - Bahasa Indonesia

Article 821

An individual, who has the right to use a plot of land, shall only take such proceeds as are necessary for himself and his family.

English - Bahasa Indonesia

Article 822

Assets which are consumable, cannot be the subject matter of the right of use; in the event that such right is permitted in respect of similar assets, it shall be regarded as use of proceeds.

English - Bahasa Indonesia

Article 823

The user cannot relinquish or assign his right to another person.

English - Bahasa Indonesia

Article 824

The user may use animals for work purposes, and may take their milk to meet his and his family's requirements; he may also make use of the manure, but he shall not have the enjoyment of the wool or the animal's young.

English - Bahasa Indonesia

Article 825

The right of use in respect of a plot of land, shall not include the right to hunt or fish, however, the user shall be entitled to enjoy the benefits of servitude's.

English - Bahasa Indonesia

Article 826

There shall be no distinction between the right of use and that of occupation, of a house. An individual, who has the right of occupation in respect of a house, may occupy such with his family, even if he was unmarried at the time that the right was granted to him. Such right shall stipulate whatever is required for the occupation by the user and his family.

English - Bahasa Indonesia

Article 827

The right of occupation shall not be relinquished or assigned.

English - Bahasa Indonesia

Article 828

If the user enjoys all the proceeds of the plot of land, or occupies the entire house, he shall, in the same manner as the user of the proceeds, be responsible for the costs incurred for the rebuilding and the maintenance repairs, including taxes and other charges involved. If he only enjoys part of the proceeds, or occupies only part of the house, he shall contribute to the costs and charges in proportion to his enjoyment.

English - Bahasa Indonesia

Article 829

The use of forest and plants, granted to a specific person, shall entitle the user only to make use of the dead wood and to take fire wood to the extent required for him and his family.

English - Bahasa Indonesia

Chapter XII - Concerning Succession By Demise


SECTION 1 - GENERAL PROVISIONS

Article 830

Succession shall only result from demise.

English - Bahasa Indonesia

Article 831

In the event that several persons, who are related to one another by inheritance, should all die in the same accident, or on the same day, and if there is no evidence of the priority of their time of death, they shall be presumed to have died at the same instant, and no transfer of inheritance shall take place from one to the other.

English - Bahasa Indonesia

Article 832

The lawful heirs to the property comprising the inheritance shall be the lawful and blood relatives and the surviving spouse, in accordance with the following regulations. In the absence of blood relatives and a surviving spouse, the assets shall devolve upon the State, with the provision that the debts of the estate shall be settled, to the extent that the value of the assets is sufficient.

English - Bahasa Indonesia

Article 833

The heirs shall by law assume possession of the assets, rights and lawsuits of the deceased. In the event of a dispute over who shall be heir, and who shall be authorized to hold title to the property, the judge may order that the assets shall be held in the court's safekeeping. The judge shall order that the State shall hold the property, and shall be obligated to seal the estate, and have an estate description drafted, in the form of an acceptance of inheritances stipulated pursuant to the privilege of estate description; failure to do so shall render the State liable for compensation of costs, damages and interest.

English - Bahasa Indonesia

Article 834

The heir is legally entitled to claim the inheritance against all those, who, either under such title or having no title, are in the possession of the whole or part of the inheritance, including those, who due to deceit, have lost their entitlement to the inheritance. He may file this legal claim in respect of the entire inheritance, if he is the sole heir, or in respect of his share, if there are other heirs. Such legal claim shall extend to anything included in the inheritance under any title, including the proceeds, income and compensation, which are stipulated in relation to claiming possession, in the rules in the third title.

English - Bahasa Indonesia

Article 835

The legal claim shall expire after a period of thirty years has elapsed, which period shall commence as of the day that the inheritance becomes available.

English - Bahasa Indonesia

Article 836

An individual may become an heir if he exists at the time that the inheritance becomes available, subject to the rule stipulated in article 2 of this Civil Code.

English - Bahasa Indonesia

Article 837

In the event that an inheritance, which includes assets inside and outside Indonesia, is divided among foreigners, non-residents and Dutch citizens, the latter-mentioned shall take an advance, in proportion to their share in the inheritance and the value of the assets, which they would otherwise have been precluded from pursuant to foreign laws or customs. The value advanced shall be taken from the assets in the inheritance which are not subject to this exclusion.

English - Bahasa Indonesia

Article 838

The following individuals shall be regarded as unqualified to be an heir and as such shall be excluded from an inheritance:

(1)   individuals who have been convicted of killing or attempting to kill the deceased;
(2)   individuals who by legal judgment have been found guilty of slandering the testator by accusing him of committing a crime punishable by a prison term of five years or more;
(3)   individuals who under duress or physically have prevented the deceased from drafting or revoking his last will;
(4)   individuals who have obscured, destroyed or forged the last will of the deceased.

English - Bahasa Indonesia

Article 839

An heir who is regarded as being unqualified and as such is excluded from the inheritance, must return all proceeds and income, which he has enjoyed since the inheritance became available.

English - Bahasa Indonesia

Article 840

Children of an unqualified individual, who have become heirs, shall not be excluded due to the fault of their parents; the parents, however, shall under no circumstances be authorized to claim the use of proceeds of the assets of inheritance, which the law grants to the parents in respect of those assets received by their children by inheritance.

English - Bahasa Indonesia

Article 841

Representation grants a person the right to take the place, be at the level and assume the rights of the individual represented.

English - Bahasa Indonesia

Article 842

Representation in the legal descending line shall be perpetual. Such representation shall be admitted in circumstances where all children of the deceased claim the inheritance together with the descendants of a previously deceased child, or where all children of the deceased have predeceased him, and their descendants in varying degrees and levels of descent.

English - Bahasa Indonesia

Article 843

There shall be no representation of relatives in the ascending line. The closest relationship in each of the lines shall at all times exclude those who are a further level apart.

English - Bahasa Indonesia

Article 844

Representation of those related by collateral line shall be permitted for the benefit of the children and descendants of the deceased brothers and sisters, whether they claim the inheritance together with their uncles or aunts, or whether, following the death of the brothers and sisters of the deceased, the inheritance shall pass to the descendants of the brothers and sisters, related to one another in varying degrees.

English - Bahasa Indonesia

Article 845

Representation shall also be permitted in the case of the succession of nieces and nephews, if in addition to the testator's next of kin, there are also children or descendants of previously deceased brothers and sisters of the testator.

English - Bahasa Indonesia

Article 846

In all circumstances, in which representation shall be permitted, the distribution shall take place at branches of the main stock; if the same branch has produced several branches, then the sub¨division at each branch shall again take place at branches of the main stock, and the division among the individuals in the same branch shall be per capita.

English - Bahasa Indonesia

Article 847

No individual can represent a living person.

English - Bahasa Indonesia

Article 848

A child shall not be granted the right by his parents to represent them, but an individual may represent someone whose estate he has refused to accept.

English - Bahasa Indonesia

Article 849

The law shall not consider the nature nor the origin of the assets, in order to regulate succession.

English - Bahasa Indonesia

Article 850

Any inheritance, which shall, in part or in full, devolve upon blood relatives in the ascending or collateral lines, shall be divided into equal parts, one to be transmitted to the descendants on the father's side, and the other to the descendants on the mother's side, without prejudice to the stipulations in article 854, 855 and 859. An inheritance can never be transmitted from one side to the other, unless no kin can be found in the ascending or collateral line on either side.

English - Bahasa Indonesia

Article 851

Apart from the first division between those persons who are descended from the father and the mother, there shall be no further divisions among the various branches; provided that, one half, passed to either side, shall belong to the heir or heirs, who are most closely related to the deceased, without prejudice to the provisions in respect of representation.

English - Bahasa Indonesia


SECTION 2 - CONCERNING THE SUCCESSION OF LEGAL BLOOD RELATIVES AND OF THE SURVIVING SPOUSE

Article 852

The children or their descendants shall inherit from their parents, grandparents, or further blood relatives in the ascending line, without distinction between those of different sex or age, not with standing that they may have been conceived from several marriages. They shall each inherit equal shares, if they all are from the same level and are summoned on their own behalf; they shall inherit by branches of the main stock, if all or part of them present themselves by substitution.

English - Bahasa Indonesia

Article 852a

In relation to the inheritance of the deceased spouse, the surviving spouse shall be regarded as the same as the legal child of the deceased spouse for the purposes of the application of the provisions of this title, provided that in the event that in a second or further marriage, there are children or descendants from a previous marriage, the new spouse shall not inherit more than the minimum share which one of the children, or upon his or her death, his or her descendants, shall enjoy pursuant to succession, and further provided that in all circumstances, the inheritance shall not exceed one quarter of the assets of the testators.

In the event that a stipulation by last will has been set forth to the benefit of a spouse of a second or further marriage, and if the total sum obtained upon demise and last will exceeds the limits of the amount stipulated in the first paragraph, the total amount of the inheritance shall be reduced to an amount which shall remain within those limits. If the arrangements provided for in the last will, consist entirely or partly of the use of proceeds, then the value of the use of proceeds shall be appraised and the total amount, mentioned in the previous paragraph, shall be computed in accordance with the estimated value.

That which the next spouse enjoys in accordance with this article, shall be reduced in the computation of that which is due or agreed to in accordance with the eighth chapter of the first book.

English - Bahasa Indonesia

Article 852b

If the surviving spouse receives an inheritance together with individuals other than children or further descendants of a previous marriage, he shall be authorized to take the entire or part of the estate. In the event that this estate forms part of the estate of a testator, the value thereof shall be deducted from the inheritance of his or her spouse. If the value thereof exceeds the share in the inheritance, the co¨heirs shall be compensated for the difference.

English - Bahasa Indonesia

Article 853

If the deceased has not left any descendants, spouse or siblings, the inheritance shall be divided in two equal shares between the blood relatives from the father's side and the blood relatives of the mother in the ascending line, without prejudice to the stipulation in article 859. The closest in degree in the ascending line shall be due half of the property due to his line to the exclusion of all others. Blood relatives in the ascending line, of the same degree, shall inherit per capita.

English - Bahasa Indonesia

Article 854

If the father and mother of an individual, who dies without having left any descendants or spouse, survive him, they shall each be entitled to one third of the inheritance, if the deceased is succeeded by one brother or one sister, who is entitled to the other one third. The father and the mother shall each inherit one quarter, in the event that the deceased has left several brothers or sisters, and the latter mentioned shall inherit the two other quarters of the inheritance.

English - Bahasa Indonesia

Article 855

If the father or the mother of an individual who dies without leaving any descendants or spouse, predeceases him or her, the survivor shall be entitled to:- one half of the inheritance, if the deceased only leaves one brother or one sister; one third, if he leaves two; and one quarter, if there are more brothers and sisters. The remaining share shall be granted to the brothers and sisters.

English - Bahasa Indonesia

Article 856

If the father and mother of an individual, who has died without leaving any descendants or spouse, have predeceased him, the brothers and sisters shall inherit the entire estate.

English - Bahasa Indonesia

Article 857

The division of that which the brothers and sisters are entitled to in accordance with the above articles, shall be in equal parts, if they are all children of the same marriage; however, if they are from different marriages, that which they shall inherit shall be divided in two equal parts between the relatives of the father of the deceased and the relatives of the mother of the deceased; the full brothers and sisters shall receive their shares from both lines, and half-siblings shall receive their shares only from the line that they belong to. If there are only half brothers or half sisters remaining on one side, they shall be entitled to the entire inheritance, to the exclusion of all other blood relatives in the other line.

English - Bahasa Indonesia

Article 858

In the absence of brothers and sisters, and other surviving kin in one of the ascending lines, one half of the estate shall be inherited by the surviving blood relatives in the ascending line, and the other half shall be inherited by relatives in the collateral line, with the exception of the circumstances mentioned in the following article. In the absence of brothers and sisters and of any surviving kin in both ascending lines, the closest blood relatives in each of the collateral lines shall be summoned in respect of one half of the inheritance. In the event that in the same collateral line there are blood relatives of the same degree, then the inheritance shall be divided per capita, without prejudice to the stipulations in article 845.

English - Bahasa Indonesia

Article 859

The surviving father or mother shall only inherit the entire inheritance of the child in the event that he has died having left no descendants, spouse, brothers or sisters.

English - Bahasa Indonesia

Article 860

The definition of brothers and sisters in this section, shall include their respective legal descendants.

English - Bahasa Indonesia

Article 861

Blood relatives, who are related to the deceased in the sixth degree in the collateral line, shall not receive any inheritance. If no blood relatives of the degree who can inherit, are found in one line, the blood relatives in the other line shall be entitled to the entire inheritance.

English - Bahasa Indonesia


SECTION 3 - CONCERNING SUCCESSION OF NATURAL CHILDREN

Article 862

In the event that the deceased has left legally acknowledged natural children, the inheritance shall be implemented in the manner as in the following three (read: four) articles is stipulated.

English - Bahasa Indonesia

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