Publication Search

The authority of the notary in carrying out the duties as well as the office of a notary. In article 1, paragraph (1) of Act No. 30 of 2004 on the Office of Notaries, notaries are public officials authorized to make authentic acts and other authorities as referred to in this Act. One of the notary's powers is to make authentic acts. The acts made by the notary, for example, the appointment of a limited company (PT), changes and public records of shareholders, founding of foundations, establishment of materials of other enterprises, authority to sell, lease agreement, sale agreements, declaration of inheritance rights, wills, establishing of CV including its modifications, recognition of debt, credit agreements and granting of liability, cooperation agreements, employment contracts, all forms of agreements not excluded to other officials, therefore the act relating to the agreement of absolute cooperation is authority by the Notary to make such an authentic act. This is what can be investigated about the notary's authority in authentication. This research uses the method of normative legal research, normative law research is an approach that is applied to discussing research issues through the statue approach, the analytical and conceptual approach and the comparative approach. (Comparative Approach). From the results of the research can be drawn the conclusion that a particular act is judged as a criminal act based on the result of a normative consideration of several judges decisions.

Customary inheritance law is customary law that regulates the system of inheritance procedures. There are 3 (three) customary inheritance systems in Indonesia, namely the individual inheritance system, the collective inheritance system and the majorate inheritance system. Meanwhile, there are 4 (four) kinds of kinship systems in Indonesia, namely patrilineal, matrilineal, bilateral or parental and alternate kinship systems. Balinese people adhere to the patrilineal kinship system, which is based on descent from the male side. This means that in Balinese society, the male child is Bali, and the position and rights of men are higher than the rights and position of women. In Balinese society, girls have the right to enjoy inheritance as long as they perform their dharma.  The limited right of girls to receive inheritance led to emancipation which demanded that girls get the same inheritance rights as boys. During the Indonesian government, the protection of women's inheritance rights in Bali was further strengthened by various laws and regulations issued by the government. However, there are also factors inhibiting the protection of women's inheritance rights in Bali, namely the strong influence of patriarchal culture in Balinese society and adhering to Balinese customary law which gives greater inheritance rights to men.

pewaris, ahli waris , dan sistem pewarisan yang digunakan oleh suku adat tertentu. Dalam suatu konteks pewarisan adat disini ditujukan untuk melakukan suatu penerusan harta warisan baik itu berupa harta yang berwujud fisik atau materiil atau harta warisan yang tidak berwujud fisik atau immaterial. Sistem pewarisan yang diterapkan oleh suku Jawa disini adalah sistem kekerabatan parental dan sistem  pewarisan secara individualis, dimana terdapat suatu keterkaitan dalam kedua unsur pewarisan tersebut. Dalam pewarisan yang telah diterapkan oleh suku Jawa disini telah memberikan ruang terhadap para ahli waris untuk memiliki kedudukan yang sama dalam pewarisan. Sistem individualis yang diterapkan dalam sistem pewarisan suku jawa juga memberikan bahwasanya dalam pewarisan tersebut harta benda akan menjadi hak milik dari ahli waris. Metode yang digunakan dalam penelitian ini adalah yuridis empiris dengan pendekatan studi pustaka, dimana dengan penerapan metode tersebut akan memberikan penjelasan yang lebih detail terhadap sistem pewarisan yang terjadi dalam suku Jawa dengan sistem kekerabatan parental dan penerapan sistem pewarisan individualis. Kata Kunci:  Suku Jawa, Parental, Individualis, Waris

Inheritance law is a regulation that regulates the legal position of the assets of a person who has died, which will later change hands to another person who has the right to receive the assets. Inheritance law in Indonesia applies 3 (three) types of inheritance law, namely customary inheritance law, Islamic inheritance law, and western inheritance law. In carrying out this inheritance system, in its implementation there are still several errors and unlawful acts committed by the parties, such as in decision NO. 537 K/Pdt/2017. In this decision, it was discovered that there were unlawful acts in the distribution of inheritance in the Batak tribe. The Batak tribe adheres to a patrilineal family system, which means that the bloodline is drawn from male parents or fathers, so that the position of fathers or men in traditional society can be said to be higher than women.

Customary inheritance law is the passing of wealth from the upper generation to their descendants. Inheritance law is based on customary norms, BW, to the Compilation of Islamic Law. The Bugis tribe as adherents of the parental inheritance system still maintain the customary distribution of inheritance Over time and along with the entry of Islam, the Bugis tribe began to use Islamic law as a way out to fulfill the obligations of heirs.

Karo Batak customary inheritance law is based on a patrilineal system which determines that the main heir is the eldest son. However, it should be noted that women also have the right to inheritance in some cases, especially if there are no sons in the family. In general, inherited assets are divided equally between the children and surviving spouse of the deceased, but certain properties such as land or inherited property in particular are more likely to be passed patrilineally to the eldest male child to maintain the continuity of the bloodline. This system also recognizes the important role of ancestors in determining inheritance distribution and has strong customary mechanisms to resolve conflicts that may arise regarding inheritance distribution. Even though it is still recognized and implemented, Karo Batak customary inheritance law has faced several challenges and adaptations with the advent of the modern era. Changing living patterns, urbanization, greater education, and the influence of national laws often influence the way heritage is managed and shared. In many cases, inheritance arrangements may combine elements of customary law with national law to adapt to social changes and the practical needs of modern families. This could have the impact of a more equal distribution between children, without necessarily taking into account gender or birth order, as well as paying more attention to the economic and social needs of family members. Despite this, customary inheritance law practices are still respected and maintained in many Karo Batak communities, often as part of their cultural identity and traditions.

Law is a regulation that regulates and enforces society, containing regulations or prohibitions on actions within a state order established by authorized institutions. Basically, law is formed because of an event, meaning that law follows changes in society. Indonesia is a country based on Pancasila, which has very diverse ethnicities, religions and races. This is what causes Indonesia to have diverse customs, which means that customary law in Indonesia has diversity. Customary inheritance law in Indonesia has three inheritance distribution systems, namely patrilineal customary inheritance, matrilineal customary inheritance, and parental customary inheritance. Patrilineal traditional inheritance is inheritance drawn from the father's lineage, traditional matrilineal inheritance is inheritance drawn from the mother's lineage, and parental inheritance is inheritance drawn from the second lineage.

Inheritance law contains regulations that include the need to understand the dynamics and challenges in the property inheritance system, involving legal, cultural and social aspects. Jurisprudence reflects efforts to maintain a balance between local wisdom, justice and legal certainty in the inheritance of traditional property. This research uses a normative juridical method with a case approach, analyzing court decisions that have permanent legal force. Although the patrilineal customary inheritance system still applies in several regions of Indonesia, the view that customary inheritance law is irrelevant reflects the complexity of social and legal transformation. Although there are arguments that customary inheritance law does not always comply with justice and changing times, some judges in Indonesia still use jurisprudence or other inheritance laws in their decisions.

Patrilineal inheritance, a customary system practiced in various Indonesian traditions, designates inheritance passing through the paternal lineage. However, complications arise when heirs lack male descendants or those recognized as legitimate by customary norms. Customary practices within the community often address these issues. Judicial panels frequently adjudicate disputes related to patrilineal inheritance to ensure equitable resolutions. Judges, empowered by the Judicial Power Law No. 48 of 2009, make decisions based on a comprehensive understanding of the legal framework and case circumstances. A case analysis, specifically Verdict Number 3494 K/Pdt/2016, concerning the inheritance dispute among the Batak Toba customary community, revealed that evidence from documents and testimonies proved the disputed land belonged to the appellants. The land, previously acquired by the appellants' mother through purchase from the Nagari, was not part of the inheritance left by the appellants' grandfather. However, the decision in settling the Batak Toba customary dispute in Verdict Number 3494 K/Pdt/2016 did not align with the principles of patrilineal inheritance customary to the Batak Toba community. This divergence stemmed from the judges' consideration that the disputed land constituted communal property resulting from the marriage between the late Yakob Sitinjak and the late Sanggul Boru Sinaga.

Inheritance is part of civil law which is a vital part of family law.  Inheritance conflicts still often occur in society.  Indonesia consists of many tribes, customs and cultures, giving rise to a diversity of habits in living life.  The habits of these groups of people become different points of view in determining legal standards in meeting all the needs of citizens.  The kinship system has a major influence on inheritance from customary inheritance law.  The kinship system is drawn along three lines, namely patrilineal, matrilineal and parental kinship.  The hierarchy of statutory regulations is an order that determines the priority of use of existing legal regulations, the application of which varies from higher rules to lower rules.  The research uses normative juridical methods which are carried out using three research materials.  Primary materials are in the form of laws, secondary materials are books or journals, and tertiary materials are dictionaries or encyclopedias.  Recognition of the existence of indigenous peoples in Indonesia is guaranteed in the constitution in Article 18B Paragraph (2).  Customary law is not formally accommodated in Law Number 12 of 2011 but its application is the same as other statutory regulations which have binding legal force.  Indonesia itself does not yet have a national inheritance law.  Settlement of customary inheritance disputes in Indonesia is carried out by means of consensus resolution, resolution through customary institutions, and also resolution through the courts.

This research aims to find out about the position of inheritance rights for Balinese women who have changed religions based on the case study of Cassation Decision Number 2826 K/Pdt/2017. The background of the research, that the biological daughter of the heir who has converted to religion demands her right to be made an heir, where as it is well known that Balinese society has a patrilineal kinship system (purusa), which means that the heir will fall to the son. This type of research is normative legal research with the approach applied in this normative legal research is a conceptual approach and a case approach. The results of the analysis of the research, the Decree of the Main Assembly of Pakraman Village Bali in 2010 Number: 01/Kep/Psm-3/X/2010 regarding the Results of Pesamuhan Agung III MUDP Bali which states that Balinese women receive half of the purusa inheritance rights after deducting 1/3 for heirlooms and preservation interests. However, this does not apply to Balinese women who have converted (from Hinduism to other religions). This is because as heirs who follow Balinese inheritance law, heirs must have the responsibility to take care of all the obligations of their ancestors both in terms of religious obligations and maintenance of shrines. Therefore, if a child chooses to change religion, the legal consequences will be that the heir or child does not have rights and obligations towards the heir, family and custom.  

Indonesia characterized by its diverse society encompassing various ethnicities, cultures, races, religions, and regional customs, exhibits a distinctive uniqueness. The country features three primary kinship systems patrilineal, matrilineal, and parental or bilateral. These kinship systems significantly impact the lives of indigenous peoples, particularly in the Batak community, which follows the patrilineal system, especially in matters of inheritance. This study aims to analyze the correlation between the patrilineal system and Batak customary law regarding inheritance, as well as explore methods for resolving disputes arising during the inheritance division process according to Batak customary law. The research adopts a normative approach, utilizing a literature study as the method of data collection. The findings indicate a connection between the patrilineal system and inheritance practices within Batak customary law. Moreover, the study highlights two approaches for settling disputes related to Batak customary inheritance non-litigation and litigation.    

With the rapid development of globalization, there are people who have the desire to change their own gender or what is usually called transsexual. Transsexualism can happen to someone due to environmental factors and hormonal factors. This phenomenon raises problems in all legal dimensions, one of which concerns inheritance for transsexuals. In this writing, normative juridical research methods are used because this research examines library materials to find certainty about Minangkabau customs. In Indonesia itself, it still recognizes customs which are the inheritance of customs. As in Minangkabau custom, it is still motivated by the values and norms of the Islamic religion. It is known that the Islamic religion does not accept the existence of transsexuals, so Minangkabau customs also reject these transsexuals. This writing  to find out, explain and analyze transsexual inheritance in Minangkabau customs.

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Land disputes are civil disputes that are often filed by justice seekers in the District Court. Recently, many inheritance disputes often occur in families, the inheritance in question is in the form of movable and immovable property. This research aims to determine the process of resolving inheritance land disputes due to falsification of wills in district court and the inhibiting factors which are useful as a reference. The type of research used is empirical research, by interviewing plaintiffs, defendants and co-defendants in case decision no. 44/Pdt.G/2011/PN.Gtlo.The results of the research show that resolving inheritance land disputes resulting from forgery of wills through the District Court is preferred as a solution because it is an institution that provides the justice desired by the plaintiff and its decisions have permanent legal force. Inhibiting factors found in the research process, namely internal and external factors. Internal factors consist of lack of human resources, administrative services, and lack of facilities. And external factors consist of cost, time, good faith, lack of understanding of the parties, chaos in the trial, and lack of evidence. 

This research discusses how women's rights in the family are protected according to Islamic law in analyzing gender discrimination cases. This study was conducted to determine gender inequality in several aspects of life, such as inheritance and inheritance. It is hoped that this research can contribute to a better understanding regarding making an important contribution in expanding understanding of the Islamic legal perspective on gender equality, which can become a reference for policy makers in promoting gender equality in Muslim societies. The research method is to use a literature study research method which includes Islamic legal discrimination in various social and geographical contexts. Public education regarding women's rights in Islam is an important key to changing perceptions and reducing gender discrimination. Legal reforms that support gender equality need to continue to be developed to create more effective protection of women's rights.

The purpose of this study is to analyse the juridical review of the inheritance of a convert heir to a non-moslem sibling in the perspective of Islamic inheritance law in Indonesia. This research was conducted using descriptive analytical normative legal research, using secondary data obtained from literature studies as the main data and using primary data, namely related legislation as supporting data, research data collection techniques using library research, and data analysis using qualitative juridical data analysis. Based on the results of the study, it shows that the judge's legal considerations when examined based on Islamic law, the siblings are already Catholic. A person who is of a different religion from the heir is cut off from the right to inherit because it is hindered by law, this is as the hadith of the Prophet Muhammad SAW and Article 171 letter c KHI. Article 172 KHI also states that a person's Islamic faith, apart from being seen from the Identity Card, can also be seen from confession or practice or testimony. The settlement of inheritance of different religions can be found through the Ijtihad method.

Islamic inheritance law is one of the rules that regulates humans and humans in matters of inheritance (inheritance). This law regulates the transfer of assets from deceased people to living people with detailed calculations and distribution. The aim of this research is to determine the legal consequences of buying and selling inherited land without the consent of the heirs. In this research the author uses Normative Law research, which is carried out by examining and analyzing legal regulations with legal issues in their consistency with existing principles. This type of research is a type of library research, which relies on the study and study of texts. The research results show that in Islamic law, land inheritance does not yet exist has been circulated and is prohibited from being sold because it still belongs to other heirs. If all heirs agree to the sale and purchase, it can be traded, if not it is considered illegal and revoked. Legal protection for buyers of inherited land that is not distributed is that they can file a civil lawsuit against the seller and the Notary/PPAT (official with the authority to make deeds) who has made the sales agreement.

In Islamic inheritance law, it is a law derived from the Qur'an where the truth of the teachings or theories is absolutely true because it is a revelation from God. Islamic inheritance law in general theory is a law conveyed by Allah SWT to the Prophet Muhammad SAW to be applied and made law by mankind. In legal philosophy it is said that the law is for humans, in Islam the Islamic inheritance law is absolute because it has been regulated in it. Problems arise in its application in society, especially in terms of the rights and acquisition of the second wife, third wife and fourth wife. There is discrimination in the distribution of inheritance that violates existing rules and provisions and there is a mental attitude that does not or is reluctant to carry out and follow the provisions of Islamic inheritance law regarding the acquisition and inheritance rights of the second wife, third wife or fourth wife.

This research aims to determine the heirs in the żawil arḥȃm group according to Islamic law. And to find out the position of żawil arḥȃm in inheritance from the perspective of Islamic law. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, the results of studies related to the research to be carried out. Literature study can be likened to a key that will open everything that can help solve research problems. The results of the research show that the heirs in the żawil arḥȃm group are (1) maternal grandfather, (2) every grandfather or grandmother who dies gets an inheritance, (3) grandchildren from the daughter's side, (4) daughters from the brother's side. son, (5) Sister's son, (6) Mother's brother's son, (7) Mother's uncle, (8) Uncle's daughter, (9) Father's aunt (father's sister), ( 10) Maternal uncles and aunts (mother's brothers and sisters). This is explained by Imam Nawawi in the book Raudhatut Thâlibîn, and Wahbah Zuhaili in the book al-Fiqhul Islam wa Adillatuhu. Meanwhile, according to the Malik and Syafi'i schools of thought, dzawil arham does not inherit. If someone dies without leaving dzawil furudh or ashabah, while he has żawil arḥȃm, then tirkah is given to Baitul mal. Because in the verses Mawaris only explains the ashabul furudh and ashabah parts. Allah does not mention the żawil arḥȃm part at all. Meanwhile, Abu Hanifah and Ahmad are of the opinion that żawil arḥȃm was given a will based on the word of Allah SWT, Surah Al-Ahzab verse 6. And the position of żawil arḥȃm in inheritance is as a non-permanent heir (outside of fardhu and ashobah experts), and as a place to resolve inheritance problems when there are no fardhu and ashobah experts. And those who do not make the dzawil arham an irregular heir, then the settlement is through radd to the żawil furudh which takes precedence over the inheritance of the żawil arḥȃm, but they inherit together with the person who does not get the radd, namely husband and wife.