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| Radhityas Kharisma Nuryasinta, S.H., M.Kn., a lecturer at the Faculty of Law (Photo: Special) |
Inheritance is the wealth left by a deceased to their heirs. What happens if the deceased is a suspect or defendant in a corruption case? Radhityas Kharisma Nuryasinta, S.H., M.Kn., as a lecturer at the Faculty of Law at Muhammadiyah University of Malang (UMM), explains. It is important to note that there are three types of inheritance laws in Indonesia: Western inheritance law, Islamic inheritance law, and customary inheritance law. These three types are still applicable due to Indonesia's multicultural society. Thus, with the presence of pluralism in Indonesian society, these inheritance laws are options.
Tyas explains that people may choose to use customary inheritance law, Islamic inheritance law, or Western inheritance law. Inheritance law is not like the Constitution (UUD) or the Corruption Crimes Law (UU Tipikor) which have evident laws.
The source of Western inheritance law is the Burgerlijk Wetboek (BW) or the Civil Code. Islamic inheritance law is derived from the Quran. Meanwhile, customary inheritance law, according to the respective customary practices, is still applicable, such as Minang customs, Batak customs, Balinese customs, Javanese customs, and others.
There are three elements to inheritance law: the deceased or the party leaving the inheritance, the heirs who receive the inheritance, and the object. Inheritance will be opened when the deceased passes away. In addition to assets such as land, houses, and other assets, there are also passive legacies such as debts, hospital expenses, and funeral expenses, which are also part of the inheritance.
"So, not only receiving assets, but heirs can also inherit debts from the deceased, including returning state assets if the deceased is declared a corruptor," he said.
However, heirs left behind will not suddenly be held accountable for state assets without a court decision. It must be ensured that the deceased is indeed a convicted corruptor and that the assets owned are state assets. After the court decision is clear, then state assets that must be returned will be sought.
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When a corruptor dies, their obligations will not be erased. These obligations will be passed down or inherited by their heirs. The Public Prosecutor will file a lawsuit against the heirs regarding the amount of assets that must be returned by the heirs. This is why corruption is called an extraordinary crime or an extraordinary crime.
"In addition to harming the state, corruption also damages the morality of the nation. Therefore, there must be strict sanctions even if the perpetrator who becomes the heir has passed away," he explained. (dev/wil/fajr)
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