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4 THE DESCRIPTION OF LEGACY 4.1 The Meaning of Legacy
The history traditions and qualities that a country or society has for many years and that are considered an important parts of its people. Legacy is usually
passed on to his son or family. The legacy is the treasure or wealth that will be forwarded by the heir when he was alive and after death, to be controlled by the
heirs according to the kinship and inheritance system prevailing in the concerned communities. The legacy consists of :
1 The innate or origin property : the property that owned by someone before
marriage and its property will return to hisher family if heshe died without children.
2 The Marital property
: the property that acquied from the result operation of the spouses during the marriage.
3 The inheritance
: the legacy that bequethaed to only certain of heirs because it is not divided, but only enjoyed or used by the heirs and
descendants. 4
The treasure that await : the treasure to be received by the heir, but
as the only beneficiary the property who is not known where he was.
4.2 The Legacy in Civil Law
In general, the meaning of legacy law according to Civil law and Islamic law are almost the same and can not be said to be exactly the same. Which
distinguished them are the matter of understanding in the heir, heirs and
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inheritance. In the Civil law, there are two ways to get legacy, there are as the heirs under the provisions of law and as designated in the testament. The first way
is called inherit by law or ab intestato, while the second way is called inherited testamentair. The discussions are also stipulated in 834 and 833 article of Civil
law. In the legacy law applies a principle, that only the rights and obligations in the legal field of property wealth that can be inherited. In the 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 obligations 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 of 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 witnesses who attended the making of the will. Who is entitled to inherit from a person heritageis set as follows by the law. To define it, family 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
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exclude other family members in line to the top and side lines, althought 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 the inheritance. If not there at all family membersfrom 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” which is a legacy gift to a beneficiary to the provisions, heshe shall save the heritage, and after passing
sometime or if the beneficiary’s own has died, a legacy that should bahanded over to other people that have been defined in a will. The legislation also called “fidie-
commis” is named to jumping hands in article 879 of Civil law. People who will receive the inheritance is called “verwachter”. Because heshe 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 time and not separately specified or excluded from the law. This is considered a major abstacle 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 one’s desire that would prevent the wealth spent by their children.
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In the Civil law, there are four groups that become the heirs by blood relationship, namely:
1 The first group, a family in a straight line down, including the children, their
descendants and their spouses who are abandoned or at least a long life. 2
The second group, a family in a straight line up, including the parents and siblings, both men and women, as well as their descendants.
3 The third group, including grandfather, grandmother, and then to the
ancestors of the testator. 4
The fourth group, including family members in line to the side and other relatives to the sixth degree.
Besides the law, the legal basis inherited the heir’s legacy is also inherited by the way appointed in the will. A will or testament is: a statement of what heshe
wanted after heshe died. This meaning is also embodied in article 874 and 875 of Civil law. According to the form, there are three kinds of testaments, namely:
1 Openbaar testament, which is the person who left a legacy come at the notary
in the presence of two witnesses declare his will. 2
Olographis testament, a testament forms that created written by the hand of the own heir, which should be kept and submitted to the notary, in the
presence of two witnesses. 3
Testament closed and secret, a secret testament that should always be closed or delivered to the notary in the presence of four witnesses.
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
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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 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 state 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 magistrate, shall take care of that heritage. At the time,
it took the maintenance of heritage hall that should notify the local public prosecutor’s office. In the case of any dispute, whether an inheritance may be
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, pay the debts of the dead. About the acts, if it
was desired by the authirities, then the legacy hall must give account. The legacy
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hall is also required to call the fellow that may exist with public calls contained in the letters and other appropriate means.
If after the lase 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 taht will
become state property.
4.3 The Legacy in Islamic Law
