3. THE DESCRIPTION OF HERITAGE 3.1 The Meaning of Heritage
The history traditions and qualities that a country or society has had for many years and that are considered an important parts of its people. Heritage
is usually passed on to his son or family. Inheritance is the transfer of rights and obligations of all the properties, or dependents of a deceased person to his family
who are still alive. And for every person we have put the heirs of the mothers father and close relatives who are nearest and those who have tied the oath of
allegiance to you, then barikanlah to those parts.”
3.2 The Heritage in Civil Law
In the civil law, there are two ways to get heritage that is as heirs under the provisions of law and as designated in your testament. In the heritage
law applies a principle, that only the rights and obligations in the legal field of property wealth that can be inherited. In other words only the rights and
obligations that can be valued by money. Therefore, the rights and obligations in the field of family law in general or the rights and obligations of personality, for
example the rights and the obligation as the one affected husband or a father can not be inherited, as well as the rights and obligations of a person as a member of
an association. In addition, the law established that there are people associated
with the position or job or relationship with the heir, was not allowed to receive the benefits of a testament made by the heir. These are the notary who made the
will and the witnesses who attended the making of the will. Who is entitled to inherit from a person heritage is set as follows by the law. To define it, family
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members of the heir, divided into various groups. If there are people from the first group, those that are jointly entitled to inherit all the inheritance. While other
family members did not receive any. If not there are family members first, then people who are included in the second group appeared as a fellow. So, if there is
no family of the second class, then people come forward third. In the first group is children and their derivatives in the bottom line, with not
distinguish men and women and do not distinguish the order of birth. They exclude other family members in line to the top and side lines, although it may be
among the family members who have a degree these days is closer to the heir. In the second group included parents and relatives of the deceased. The parents
basically equated with siblings, but for parents held the regulations to ensure that he would get a share of not less than a quarter of inheritance. If not there at all
family members from the first and second classes, inheritance was split into two equal parts. That is, one for paternal family members and others for family
members of the mother of the heir. In terms of legislation mentioned “fidei-commis” that is a legacy gift to a
beneficiary to the provisions, he shall save the heritage, and after passing some time or if the beneficiarys own has died, a legacy that should behanded over to
other people that have been defined in a will. People who will receive the inheritance is called verwachter. Because he inherited it with the first pass
through the hands of heirs, then the way this kind of inheritance by law is called also erfstelling over de hand, that is the grant of a stepped heritage. The heritage
was as if entrusted to the first designated heir. In the general a legacy gift is stepping prohibited by law, because there are things that do not move, the night
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time and not separately specified or excluded from the law. This is considered a major obstacle for the smooth travel process of law. As an exception, there are
two kinds of inheritance are stepping permitted by law. The first, to satisfy ones desire that would prevent the wealth spent by their children.
In the testament, people allowed to make a determination so that their children should not be selling heritage objects and objects that were then passed on again
to the children of the inheritance itself. And the second, that a beneficiary must pass again in the future what is still left from the legacy he earned it. So just rest it
to other have been defined. In this case, we can accept or reject the inheritance. If you open a
legacy, heirs may choose whether to accept or reject a legacy that, or there is also possibility to receive, but with provisions he will not be obligated to pay the debts
of the heir, which exceeds the share in inheritance. Full acceptance can be done with the express or secretly. If one with a deed accept his position as a fellow. If
secretly he did an act with debts of the dead, may be deemed to have received it in full inheritance. Rejection must be carried out with a statement to the local court
where the estate was already open, either acceptance or rejection is always valid from the day the death count of people who leave a legacy.
If there is a legacy of open and no one has come forward as the heirs or persons known as the heirs all the estate was rejected, then the inheritance was considered
to be not neglected. In such a case, the heritage hall with no need to wait for instructions from the magistrate, shall take care of that heritage. At the time it
took the maintenance of heritage hall heritage should notify the local public prosecutors office. In the case of any dispute, whether an inheritance may be
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considered neglected or not, it will be decided by the magistrate. The heritage hall are required to make notes about the state of the inheritance. If necessary can be
preceded by the confiscation of goods, and so clear that heritage. The collect accounts receivable, accounts receivable and pay the debts of the
dead. About the acts that, if desired by the authorities, then the heritage hall must give account. The heritage hall are also required to call the fellow that may exist
with public calls contained in the letters and other appropriate means. If after the lapse of three years starting from the opening of
inheritance has not been there an heir who come forward or report, the heritage hall will make the accountability of the maintenance of the heritage to the country,
who will be entitled to take possession of all goods and property inheritance legacy that will become state property.
3.2 The Heritage In islamic Law
