Kekuatan Hukum Akta Keterangan Hak Waris Yang Dibuat Notaris Bagi Warga Negara Indonesia Asli

Abstract

Provisions regarding inheritance certificates used to proving someone as heirs and the institutions that make them are still based on a certain ethnicity. The provisions of Article 111 paragraph (1) of the Regulation of the Minister of Agrarian Affairs/Head of BPN Number 3 of 1997 on Provisions for the Implementation of Government Regulation Number 24 of 1997 on Land Registration states that Indonesian Citizens are Indigenous, a certificate of inheritance is sufficient to be made by the heirs and ratified by the Chief of Village and confirmed by the Chief of District. However, it was later found that the practice of a notary making a certificate of inheritance rights for native Indonesian citizens was used as evidence for managing inheritance rights. In this study, problems emerged related to the legal basis for the strength of the Deed of Inheritance Rights made by a Notary for Indigenous Indonesian Citizens and the legal force of the deed made by a Notary for Indigenous Indonesian Citizens. Based on these two problems, this research was conducted using library research and field research, so this research is an empirical juridical research. After conducting research, the results obtained are in the form of a legal basis for the strength of the Deed of Inheritance Declaration made by a Notary for Indigenous Indonesian Citizens, namely the Regulation of the State Minister for Agrarian Affairs/Head of BPN Number 3 of 1997 on Implementation of Government Regulation Number 24 of 1997 on Land Registration and Letters from the Department of Home Affairs. Directorate General of Agrarian Affairs Directorate of Land Registration Number Dpt/12/63/12/69 on Certificates of Inheritance and Proof of Citizenship by setting aside provisions regarding the classification of the population based on certain groups, races and ethnicities because it is against the above regulations based on the principle of lex superior derogat legi inferiori and although these regulations are still in effect today, the provisions in these regulations are not enforced in the process of inheritance in banking.