ENTITLEMENTS TO INHERITANCE FOR CHILDREN OF TNI PERSONNEL IN MARRIAGES NOT COMPLIANT WITH THE MARRIAGE PROCEDURES ESTABLISHED BY THE COMMANDER’S RULING

Abstract

The marriage process for TNI soldiers is not as simple as for civilians in general. As a TNI soldier who will get married, they need permission from their superiors first, in accordance with the mandate of Article 63 of Law Number 34 of 2004 concerning the Indonesian National Army which is further regulated in the Regulation of the Commander of the Indonesian National Army Number Perpang / 50 / XII / 2014 concerning Procedures for Marriage, Divorce and Reconciliation for Soldiers, but in practice there are still discrepancies in the implementation of the marriage procedures for TNI soldiers. One of the cases that occurred was in case number 22 / Pdt.G / 2022 / PN Sbg where the Panel of Judges declared the validity of the marriage of a TNI soldier named Alm. FH with MS who married without following the procedures as stipulated in the TNI internal regulations. The next problem in the case of marriage without following the procedure is regarding inheritance law, which is to determine the heirs or the party most entitled to receive inheritance from the property of a deceased person. This study examines the marriage procedures for TNI Soldiers and the inheritance rights of children from the marriage of TNI Soldiers as per the Sibolga District Court Decision Number 22/Pdt.G/2022/PN Sbg. This study uses a doctrinal research method through legislation and books and journals to obtain clear data using a legislative approach and a case approach. The results of the study indicate that the marriage procedures for TNI Soldiers are still based on Law Number 1 of 1974 concerning Marriage and Government Regulation Number 9 of 1975 concerning the Implementation of Law Number 1 of 1974 concerning Marriage. In decision number 22/Pdt.G/2022/PN Sbg, there was an error in determining the inheritance where the Panel of Judges stated that the land on Jalan S/Jalan T, as the inheritance of the parents of Plaintiff I, Plaintiff II, Plaintiff III Counterclaim/Defendant I, Defendant II, Defendant III etc., and the late. FH namely Alm. CH and Almh. IS. whereas if there are heirs of class I, then heirs of class II, III, and IV will be closed so that they do not get a share. Therefore, in this study, it is expected that the Judge who functions to decide cases in Court can provide a fair and balanced decision to the parties and heirs by applying the principle of justice