“THE CLASSIFICATION OF A GRACE PERIOD THAT REVOKES THE RIGHT TO SUE”

That the classification of the grace period that revokes or erases the right to sue is regulated by the provisions of Article 1967 of the Civil Code. In relation to inheritance due to death, Article 835 of the Civil Code affirms: “Every such claim is invalid because it has expired with the grace period of thirty years.”

According to Supreme Court Jurisprudence No. 408 K/Sip/1973, which is used as the basis for benchmarking whether the expiration grace period stipulated by law has been exceeded. It turns out that the grace period has been exceeded so that the Supreme Court, at the cassation level, justified the consideration that because the Plaintiffs had allowed the disputed land to be controlled by the Defendant and their children for more than 30 years, the right of the Plaintiff to claim the disputed land had expired (rechtsverwerking).

Source:

Supreme Court Decision No. 390K/Pdt/2014, 3 December 2014

Best regards,

Fredrik J. Pinakunary