Akibat Hukum Bubarnya Harta Bersama karena Kematian terhadap Pembagian Warisan Berdasarkan Pasal 128 KUHPerdata

Abstrak

The death of one spouse produces two consecutive legal consequences: the dissolution of the community of property and the opening of succession. This study analyzes the legal consequences of the dissolution of marital property due to death on the distribution of inheritance under Article 128 of the Indonesian Civil Code (KUHPerdata). It employs a normative juridical method with statutory and conceptual approaches. The findings show that the community property must first be separated by dividing it equally between the surviving spouse and the heirs of the deceased, regardless of which spouse acquired it. Only the deceased's half, together with his or her personal assets, constitutes the estate to be distributed under inheritance rules. Article 128 therefore determines the size of the estate. Distributing inheritance without first separating the community property may harm both the surviving spouse and the heirs and may give rise to disputes. This study emphasizes that the separation of marital property is a necessary first step before inheritance is distributed, in order to ensure legal certainty and justice for all parties.