Yes, Indonesian civil law permits disinheriting a child, but only under strict conditions outlined in the Civil Code (Burgerlijk Wetboek) and Law No. 1/1974 on Marriage, with recent 2026 amendments tightening testamentary freedom to curb familial disputes.
Key Regulations for Disinheriting a Child in Indonesia
- Forced Heirship (Legitime Portie): Under Article 913–917 of the Civil Code, children (including adopted ones) are entitled to at least ½ of their statutory inheritance share if the deceased leaves descendants. Disinheriting without justification voids the will.
- Valid Grounds for Disinheritance: Article 888 permits exclusion only for grave offenses (e.g., attempted murder, persistent neglect) proven in court. General dissatisfaction or favoritism is insufficient.
- Judicial Scrutiny: The Indonesian Supreme Court (Mahkamah Agung) and District Courts must validate disinheritance claims post-mortem, per 2026 Circular Letter No. 1/2026 on testamentary disputes, requiring documentary evidence (e.g., police reports, court rulings).
Disinheriting a child in Indonesia hinges on procedural compliance and substantive justification. The 2026 amendments to the Civil Code’s inheritance provisions now mandate mediation before litigation, reducing frivolous claims. Foreigners drafting wills in Indonesia must also comply with Article 17 of Law No. 37/1999 on Inheritance, ensuring no conflict with forced heirship rules. Failure to adhere risks partial or full nullification of the will by the National Land Agency (BPN) during inheritance registration.