Dr. Destri Budi Nugraheni, S.H., M.S.I., in collaboration with TVRI Yogyakarta and the Legal Aid and Consultation Centre (PKBH) of Universitas Gadjah Mada, organised a legal counselling session on Wednesday at Studio 1 TVRI Yogyakarta. held a legal counselling on Wednesday, 2 July 2025. The event was attended by students from the Faculty of Law UGM as well as students from other faculties, who actively participated in the discussion. The legal counselling was titled “Will and Obligatory Wills: Between Solutions and Potential Legal Problems in Relation to the Distribution of Inheritance Assets.” Three speakers were Diana Hexa Dewi, S.H., a notary/PPAT; Reshandi Ade Zein, S.H., a judge at the Praya Religious Court; and Dr. Destri Budi Nugraheni, S.H., M.S.I., an academic from the Department of Islamic Law, Faculty of Law, UGM, and the grantee of the research grant.Wasiat dan Wasiat Wajibah: Antara Solusi dan Potensi Permasalahan Hukum dalam Kaitannya dengan Pembagian Harta Warisan”. Hadir sebagai narasumber adalah Diana Hexa Dewi, S.H. seorang notaris/PPAT, Reshandi Ade Zein, S.H. selaku hakim di Pengadilan Agama Praya, dan juga Dr. Destri Budi Nugraheni, S.H., M.S.I. selaku akademisi dari Departemen Hukum Islam Fakultas Hukum UGM, sekaligus penerima Hibah.
In this legal counselling, Dr. Destri Budi Nugraheni, S.H., M.S.I. explained the meaning of 'will' and 'obligatory will', as well as the difference between them, to the audience. She was also informed about the parties who can receive the obligatory will, namely relatives of different religions, adopted children, and stepchildren, with the amount of the obligatory will not exceeding ⅓ of the inheritance. This implies that if the will left by the testator exceeds ⅓ of the inheritance, then what the recipient of the will can receive is only ⅓; it cannot exceed that provision. Diana Hexa Dewi, S.H. added that if the will is made, then the testator dies, and there is a change in inheritance assets, the calculation of the maximum limit that can be received by the person receiving the will is ⅓ of the assets at the time the testator dies, not the assets at the time the will is made.
Diana Hexa Dewi, S.H., also explained the types of wills, namely notarised wills, private wills made without a notary, and oral wills. She suggested that when making a will, it should be done before a notary with at least two witnesses, because a notarised deed has perfect evidentiary power in the event of a dispute in the future. A notary has an obligation to provide legal counseling to those appearing who wish to make a will, so that if the appearing parties wish to make a will, the notary will inform them of important things to know, for example, whether they have received approval from other heirs and the calculation of the amount of the will given to prevent prosecution in the future. Destri Budi Nugraheni, S.H., M.S.I. added that a will must take precedence over the distribution of inheritance, so that before the inheritance assets are distributed, the will must have been executed first.
According to Reshandi Ade Zein, S.H., the potential for disputes arising from wills varies widely in practice. Some of these include lawsuits because the heirs feel they were not involved in making the will, the recipient of the will is also an heir, the amount of the will exceeds ⅓ of the inheritance, and when the inheritance is passed down, the will is not divided in advance. However, a mandatory will does not have to go through a dispute route with a lawsuit in court, but can also be settled through an application. Usually, the heirs understand that adopted children can receive a mandatory will. Therefore, the heirs jointly apply so that the adopted child can be given a mandatory will. In closing, Dr. Destri Budi Nugraheni, S.H., M.S.I. said that a mandatory will has advantages over a regular will because it can be a solution by providing legal protection to relatives of different religions, stepchildren, and adopted children.
This legal counseling activity is also aligned with the commitment to support the achievement of the Sustainable Development Goals (SDGs). The topic of testaments and mandatory bequests is closely related to SDG 16, which promotes justice, peace, and strong institutions, through enhancing legal understanding and preventing potential disputes. In addition, this activity contributes to SDG 4 on quality education, as it provides practical legal learning opportunities for both students and the wider community. Thus, this legal counseling not only strengthens legal literacy but also encourages the realization of a just, harmonious, and legally empowered society.
Writer: Dr. Destri Budi Nugraheni, S.H., M.S.I. (Dosen Departemen Hukum Islam)
