Certificate Of Inheritance Research Articles

EUROPEAN CERTIFICATE OF SUCCESSION

The newly created European Certificate of Succession is applicable in almost the entire EU. It is primarily used to verify an heir’s status and is designed to serve alongside the existing national inheritance certificates (such as the German Erbschein), making it easier for heirs to settle inheritance matters abroad. This EU Succession Regulation does not, however, affect the provisions of individual Member States in the areas of substantive inheritance law (e. g. the question of who is a legal heir) and inheritance tax law. This paper aims to analyze how the regulation of the European inheritance certificate interacts with the regulation of the national inheritance certificate. Thus it does not replace documents such as the Romanian inheritance certificate but is rather a supplementary inheritance document.

The Contradiction of Between Judge’s Decision and Legal Provisions Regarding The Position of Heirs in Proof of Land Rights

As the economic development of Indonesian society increases, so will the need for legal certainty in the field of land for the right holder of a plot of land. the fundamental issue in verifying the right to the land is any person claiming to have a right, or appointing an event to affirm his right or to deny any right of another person, shall prove the existence of that right or prove the event, the heirs' a case study of the Samarinda District Court Judgment Number 138 / Pdt.G / 2014 / PN.Smr.This research uses normative research method. The primary legal material of this research is the legislation that is compiled into a conceptual form based on existing legislation. Which then conducted legal analysis of the problems in this study.The result of the research is the position of the heirs in verification of the right to land must have at least two evidences, that can prove that the heirs are valid first through the certificate of inheritance. To strengthen the verification of the heirs to the land rights, the heirs must prove by means of evidence as set forth in Article 24 paragraph (1) of Government Regulation Number 24 of 1997 concerning Registration. The second result of the research is the letter of appointment by the Government/Local Government is a valid evidence based on existing legislation, and it becomes the base of the right which is the basis of the land ownership, the analysis of the judge's decision namely the judge decision of Samarinda District Court No. 138 / Pdt.G / 2014 / PN.Smr is incorrect and does not provide legal certainty, it is caused by no reference what is contained in Article 24 paragraph (1) and Article 32 paragraph (2) Government Regulation Number 24 of 1997 on Land Registration.

RECONSTRUCTION POLICY AGAINST DEVELOPMENT AUTHORITY TASKS AND INHERITANCE CERTIFICATE SUBMITTED TO THE COURT BASED ON SOCIAL JUSTICE VALUE

As is well known, at the moment there are three (3) form and three (3) agencies that can make the evidence as heir adjusted or ethnic groups resident or citizen of Indonesia. Classification of the population based on ethnicity and law that applies to every segment of the population is a legacy of the Dutch colonial government in Indonesia, which until now is considered a sacred rule that can not be changed by anyone, even by the state. Whereas in the framework of legal reform and build a socially just nation that such an arrangement should be reconstructed, because it is no longer compatible with our own independent nation. Classification of Indonesia's population contained in the rules on the manufacture evidence can be seen as heir historical factors of the Indonesian nation. Dutch East Indies government then run political divide et impera or divisive politics. Divide et impera is done by dividing the population of the archipelago within 3 (three) segments of the population, namely: Group Europe, Group Foreign Easterners (such as Chinese, Indian, Arab, Pakistani), and Group of the Indigenous, as stipulated in Article 163 Indische Staatsregeling (hereinafter called IS). The separation of the population with the population of groups based on ethnicity or race under Article 163 IS This resulted in a difference between the legal system applicable to each of these groups. Three population groups are subject to civil law that is different as stipulated in Article 131 and Article 75 RR IS. The distinction in this class brought with it differences in the civil law of each of these groups.Keywords:Authority; Certificate of Inheritance; Court; Social Justice.

The Making of Inheritance Certificate in The Process of Transferring Right Over Land by Inheritance in Padang

Making a certificate of inheritance in the process of transferring rights over land by inheritance is guided by Article 111 paragraph (1) letter c number 4 of the Regulation of the Minister of Agrarian Affairs / Decree of the Land Agency Number 3 of 1997 concerning Implementing Regulation of Government Regulation Number 24 of 1997 concerning Land Registration. The article divides the authority to make inheritance certificate based on community classification so that it is contrary to the 1945 Constitution, Law Number 12 of 2006 concerning Citizenship, Law Number 40 of 2008 concerning Elimination of Racial and Ethnic Discrimination, Law Number 12 of 2011 concerning Law Enforcement. While this journal method is an Empirical Juridical approach; the types of data used are primary data and secondary data with primary legal materials, secondary legal materials, and tertiary legal materials. Data are analyzed qualitatively. From the results of the study concluded that in the process of transferring rights by inheritance, the heirs must show proof of inheritance certificate from a notary by giving attribution authority by Law Number 12 of 2014 in conjunction with Law Number 30 of 2004 concerning Notary Position, differentiation in the making of inheritance certificate is an urgency of the existence of legal pluralism so that in making the certificate of inheritance according to which law is used by the testator, due to differentiation in the making of inheritance certificate, there will be a deviation from the law itself (pluralism) so that the inheritance dispute will occur.

The Authority Of Property And Heritage Agency Regarding Making Of Inheritance Certificate For The Decendant Of East Asian

This study aims to know and analyze which norms are enacted in the making of inheritance certificate and to know the strength of law in the certificate of inheritance made by Property and Heritage Agency after the enactment of Law No. 23 of 2006 on Population Administration. The research method used by the writer is statute approach and conceptual approach. The basis of the authority of Property and Heritage Agency is not in accordance with the state of the nation at this time and also based on the hierarchy of legislation is lower than the position of Law No. 23 of 2006. In addition, the certificate of inheritance made by the Property and Heritage Agency does not guarantee certainty and legal protection for Indonesian citizens because the strength of proof is not as perfect as the deed of inheritance made by the Notary.

KETERANGAN HAK WARIS YANG DIBUAT OLEH NOTARIS DALAM RANGKA UNIFIKASI HUKUM

The inheritance law in force in Indonesia until now has not yet led to a legal unification that should have been able to resolve disputes. The existence of different provisions in making inheritance rights certificates is a source of problems that often occur in the distribution of inheritance. This condition is the reason for the need for a Notary as the only official authorized to make a certificate of inheritance. This study analyzes the authority of the Notary in making the Deed of Inheritance Rights and the legal status of inheritance rights other than those made by the notary. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of this study indicate that the Notary is authorized to make Information on Inheritance Rights based on the Act of Notary Position and the Description of Inheritance Rights made by a notary is an authentic deed. The existence of information on inheritance rights for indigenous indigenous Indonesians has the power of proof under the hands while the information on inheritance rights made by the Heritage Office is an authentic deed

Tinjauan Yuridis Penggolongan Penduduk Dalam Pembuatan Keterangan Waris

This study examines the classification of indigenous and non-indigenous populations in formulating the information regarding the heir from the perspective of eliminating racial and ethnic discrimination. There are two main issues raised in this study, firstly, whether the population classification in Perkaban No. 3 of 1997 in accordance with Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. Secondly, whether the difference between the authorities in providing the certificate of inheritance according to Perkaban No. 3 of 1997 can provide legal certainty. This research is a normative juridical study with a statutory approach. This study concluded that, first Article 111 of Perkaban No. 3 of 1997 concerning the classification of the population in the making of a certificate of inheritence contrary to Law No. 40 of 2008 on the Elimination of Racial and Ethnic Discrimination. Second, the difference between the authorities giving the certificate of inheritance according to Perkaban No. 3 of 1997 has guaranteed legal certainty, as Perkaban No. 3 of 1997 specifically regulates the certificate of inheritance. However, this regulation still needs improvement in the future.

KEWENANGAN NOTARIS DALAM PEMBUATAN SURAT KETERANGAN WARIS UNTUK WARGA NEGARA INDONESIA

The purpose of this article is to discuss the authority of the notary in making a certificate of inheritance and legal force for the certificate of inheritance for Indonesian citizens after the enactment of Law Number 24 of 2013 concerning Population Administration. The study uses a normative juridical method with a legislative approach and analytical approach. The legislative approach is used to analyze problems caused by inconsistencies in norms of the relevant laws and regulations in making a certificate of inheritance. The analytical approach is used to analyze the meaning contained in the terms used in legislation regarding the drafting of a certificate of inherit- ance conceptually. Notaries have strong authority in making certificate of inheritance for Indonesian citizens without discriminating between population groups. The certificate of inheritance made by a Notary has perfect legal force.

Criminal Responsibility of Village Chief In Approving Indigenous Inheritance Necessity Certificate

This paper aims to identify and analyze the legal responsibilities of village heads in passing a certificate of inheritance. This research is normative research. The results of the study found that the village head in the case of ratifying the inheritance certificate inadvertently could violate article 56 of the Criminal Code concerning persons who participate in criminal acts, assist in criminal conduct and may also violate the articles of False Oath and False Statement Article 242 paragraph (1) of the Criminal Code.

Peran Balai Harta Peninggalan Dalam Peralihan Hak Tanah Bagi Keturunan Arab Di Yogyakarta

Circular Letter of the Ministry of Domestic Affairs of the Directorate General of Agrarian Number Dpt/12/63/12/69, dated December 20, 1969, stated that the certificate of inheritence can be made by a Notary, Head of District, and also the Heritage Centre. Departing from this, this study aims to analyze and understand the role of the Heritage Center in the transfer of inheritance rights to land of Indonesian citizens of Arab descent in the Special Region of Yogyakarta and understand the legal consequences if it is known that the inheritance certificate of Arab descent was issued by the Village Government or Public Notary on the transfer of Land rights. The results of the study show that in the case of the certificate of inheritance of an Indonesian citizen of Arab descent is an absolute product and the full authority possessed by the Heritage Centre, there are two legal consequences if it is known that the certificate of inheritance of Far Eastern Indonesian citizens is made by a Notary or Village Government in Submission of Transition Inheritance rights at the National Land Agency are null and void and can be canceled if there is a transfer.

PERTANGGUNGJAWABAN PIDANA NOTARIS DAN PARA PIHAK YANG MEMALSUKAN SURAT KETERANGAN OBYEK PEWARIS

This article described the elements of criminal acts against falsification of inheritance certificate, the responsibility of a notary and the one whose certificate of inheritance had been falsified by the others, and the legal consequences of a court decision on the land which certificate of inheritance had been falsified by the other. The method used normative juridical by using a legislative approach and conceptual approach. The results of the study showed that the element of criminal acts against forgery of inheritance certificate is the intention and intent to falsify, the act violates the provisions of the Notary Position Act (UUJN), and the notary didn’t an act outside his authority. The criminal responsibility of a notary carried out his place it is proven to have committed a violation. The regulation didn’t specifically regulate criminal sanctions against notaries who have been falsified letters due to fraud and errors committed by the complainants. The legal consequences of a certificate of inheritance forged by one of the parties made by a notary were null and void because it has removed one of the heirs and the letter would be cancelled if the postulating party can prove in court in court. DOI: http://dx.doi.org/10.17977/um019v3i12018p022

Inheritance Certificate of Religious Mysteries : Its Role and Significance

Inheritance Certificate of Religious Mysteries : Its Role and Significance

Kekuatan Hukum Surat Keterangan Ahli Waris Bagi Anak Luar Kawin dari Pernikahan Tidak Tercatat

Based on the Decision of the Constitutional Court Number 46/PUU-VIII/ 2010, a child born from an unregistered marriage may have a civil relationship with his biological father, so as to remain inherited, and to obtain legal certainty as an heir the name of the uregistered marrieage born child should mentioned as the heir. This fact is interesting to be examined and it aims to obtain answers of the legal strength of the heirs’ certificate of unrecorded marriage. This research type is juridical normative with legislation approach through the descriptive-qualitative method. The results of the study indicate that in order to obtain legal certainty, it is supposedly that the certificate of inheritance contains the name of the unrecorded marriage born child. But, this is can’t be done, because there is no legislation determines that the child’s name from unregistered marriage could be contained in the letter. So, with no legislation, the certificate of inheritance containing the name of the unregistered marriage child has no legal power, and therefore it is recommended that the government immediately make a regulation concerning the inheritance certificate for the child from unregistered marriage, so it could be clear and fixed.

PERAN NOTARIS DALAM PEMBAGIAN WARISAN KEPADA ANAK HASIL LUAR KAWIN DITINJAU DARI HUKUM HARTA KEKAYAAN DAN PEWARISAN SERTA HUKUM WARIS BARAT

The research of this thesis in order to (1) to know the definition of a child outside marriage in a positive law of Indonesia is a child born in a legal marriage according to a religion that fulfills the provisions, it is just not recorded in the civil record; Judging by the Compilation of Islamic Law and the Civil Code (2) to know the magnitude of division of marriage out of the Compilation of Islamic Law and Civil Code (3) to know there is a Notary's role in the division of inheritance in the making of Statement of Inheritance and Certificate of Inheritance. Starting a dispute relating to the building of a married child in the future, the Notary may make peace deeds and / or agreements on the release of copyright.This research uses normative juridical approach. This study uses secondary legal materials, which include positive laws or regulations, research results, scientific papers, and other legal literature references that support problem analysis. This approach seeks to examine and explore and seek answers to what should be of every problem.This study produces in essence (1) Outsider is a child born in a legal marriage according to religion is not yet recorded. Therefore, according to Islam, the outsider is legally and legally entitled to inheritance, as well as seen from the perspective of civil law (2) The magnitude of the division of marriage out of the Compilation of Islamic Law is to use the calculations commonly used to divide the inheritance Using principles in KHI. Similarly, the Civil Code that divides the inheritance of children outside of marriage based on the principle of the Civil Code. In contrast to the inheritance division of an out-of-wedlock child (in the sense of the Civil Code) divided according to which group he was abandoned. The offspring studied by the authors differ from the definition of children outside marriage in the Civil Code (3) The role of a notary in the division of inheritance contributes to the making of the Statement of Inheritance and the Inheritance Certificate. In the event of a dispute, a Notary may produce peace deeds and / or an agreement of waiver of claim.Keywords: Outsider married, Marriage Law, Compilation of Islamic Law, Notary

DASAR HUKUM NOTARIS DALAM PEMBUATAN SURAT KETERANGAN WARIS

There is no provision that explicitly regulate the notaries in making of a declaration of inheritance for the European, Chinese or Tionghoa, Foreign Easterners (except for Arabs Moeslems), although there has been the Regulation of the Minister of State for Agrarian Affairs / Head of National Land Agency Number 3 Year 1997 on the Implementation of the Provisions of the Government Regulation No. 24 of 1997 on Registration, that stipulates about the Certificate of Inheritance made ??by the public notary. However, this Regulation of the Minister of State is not classified as any type of legislation. In addition to being included in the category Regulation of the Minister of State for Agrarian Affairs / Head of National Land Agency Number 3 Year 1997 on the Implementation of the Provisions of the Government Regulation No. 24 of 1997 on Registration made ??by the Minister of state for agrarian affairs applies only internally, in the sense that the decision is not binding general. Therefore, the researcher will answer and analyze the legal basis for the making of a notary certificate of inheritance, and identify the legal nature of the certificate of inheritance.

De Europese Erfrechtverordening (The European Inheritance Resolution)

This article gives an analysis of the resolution, both as to the conflict of laws implications and the rules on a European inheritance certificate. We also discuss how this relates to the existing national certificates.

Max Planck Institute for Comparative and International Private Law

Max Planck Institute for Comparative and International Private Law, 10.1628/003372510791696498, Jahrgang 74 (2010) / Heft 3, 0033-7250 (1868-7059), The Rabel Journal of Comparative and International Private Law

An introduction to Shari'a succession

The overall aim of this article is to provide an introduction to Islamic inheritance law. In the first section, the authors look at the sources of Islamic law generally (Shari’a). This assists in developing an understanding of the Shari’a succession rules discussed in part two, the main section of this article. In particular, the concept of dividing the deceased's estate in accordance with Shari’a is highlighted, together with ways of avoiding a fragmented estate, a common end result which can be detrimental to family businesses. The penultimate section of this article discusses some of the practical issues that need to be dealt with when somebody dies, including how to obtain a Certificate of Inheritance which is the document issued by the Shari’a court detailing how the deceased's estate is to be distributed. Finally, a case study applies the previous theoretical discussion to the context of a real-life situation.

A propos des notices biographiques sur Sadi Carnot : Quelques documents inédits

SUMMARY. — In connection with a recent symposium (Paris, june 1974) the author reviews, corrects and augments the principal biographical notices published on Sadi Carnot. Having found unpublished documents (baptismal record, death certificate and notice of inheritance) the author shows the opposition of the younger brother Hippolyte to divulge the fact that Sadi died in an insane asylum. The author also points out the role of the chemist Adolphe Carnot, Sadi's nephew, in a later publication of the manuscript notes.