Kedudukan Dana Asuransi Jiwa dalam Relevansinya dengan Pembagian Harta Warisan

Abstract

The aims of this research are to study and analyze the heirs whose names are not mentioned as beneficaries in life insurance policy who have been left by the deceased who can be categorized as heirs. Method of this research is normative legal research, and the type of the research vague norm, namely, there is difference or insyncronization of the Judges of the Supreme Court in making verdicts concerning disputes of fund claims of life insurance among the heirs.The results of the research shows that insurance agreement constitutes the result of combination between property law especially testametary inheritance law and contract law, thus, life insurance agreement can be called as testament because inheritance is one of the way to get right of ownership of a property, in this matter sum insured. Nomination of the heirs as beneficiaries of the fund of life insurance has a characteristic of administrative because the heirs are actually the heirs stipulated in life insurance policy. From the aspect of the inheritance property, the name stated as beneficiaries in life insurance policy can only receive maximum 1/3 (one third) of the inheritance property left by the deceased. From the aspect of their position, the heirs in life insurance policy are merely as creditors (not substituting the right and obligation of the pewaris). The legitimacy heirs are entitled to claim the right to absolute portion protected by law (legitime portie) upon the sum insured which is contrary to their legitame portion.