AUTHORITY OF THE NOTARY IN MAKING CERTIFICATE OF INHERITANCE FOR INDONESIAN CITIZENS
Main Article Content
Hanifah
Gunawan Djajaputra
This article aims to discuss the authority of a notary regarding the making of an inheritance certificate for Indonesian citizens and the legal certainty of an inheritance certificate for Indonesian citizens made by a notary based on Article 106 of Law Number 23 of 2006 as Amended by Law Number 24 of 2006. 2013 concerning Population Administration. This article uses normative legal research methods. The nature of the research is descriptive analysis. The primary legal materials used in this study are the 1945 Constitution of the Republic of Indonesia, Law Number 12 of 2006 concerning Citizenship, Law Number 23 of 2006 as amended by Law Number 24 of 2013 concerning Population Administration, Regulation of the Minister of Agrarian Affairs/Regulation of the Head of the National Land Agency Number 16 of 2021 concerning the third Amendment to Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Provisions for Implementing Government Regulation No. 24 of 1997 concerning Land Registration, Law Number 2 of 2014 concerning amendments to Law Number 30 of 2004 concerning the Position of Notary. The secondary legal materials include textbooks, legal dictionaries, legal journals, and comments on court decisions. The tertiary legal materials used in this study are the Big Indonesian Dictionary and the Legal Dictionary. The results of the study show that the Notary's Authority in making inheritance certificates for Indonesian citizens is valid. Because a Notary as a public official is given the authority to carry out some of the state's duties in making authentic evidence in the field of civil law whose authority is regulated in a separate regulation. The legal certainty of a certificate of inheritance for Indonesian citizens made by a Notary has perfect evidentiary power.
Book:
A.Kohar, 2000, Communication Notary, Bandung: Alumni Publisher.
Arief. Sidharta, 2008, Legal Ethics, Bandung: Law Laboratory, Faculty of Law, Parahyangan Catholic University.
Habib Adjie, 2008, Evidence as an heir with a notarial deed (in the form of an heir's certificate), Bandung, Mandar Maju.
¬¬¬¬¬¬¬¬¬¬¬__________, 2015, Thematic Interpretation of Indonesian Notary Law, Jakarta: Refika Aditama.
Hartono, Sunarjati, 1991, From Intergroup Law to Intertraditional Law, Bandung: Citra Aditya Bakti.
Harun, Arsyad, 2010, Juridical Review of Certificates of Inheritance for Residents in Indonesia, Bandung: Refika Aditama.
I Gede Purwaka, 1999, Statement of Inheritance Rights made by Notary, Jakarta: University of Indonesia.
¬¬¬¬¬¬_____________, 1999, Statement of Inheritance Rights Made by a Notary Based on Stipulations of the Civil Law Act, Jakarta.
Kie, Tant Tong, 2007, Notary Studies & Miscellaneous Notary Practices, Jakarta: Ichtiar Baru van Hoeve.
Mertokusumo, Sudikno., 2014, Legal Findings An Introduction, Revised Edition, Yogyakarta: Cahaya Atma Pustaka.
Nur Moh. Kasim, 2014, Islamic Law and Contemporary Issues, Yogyakarta: Interpena.
Ronny Hanitijo Soemitro, 1994, Legal and Jurimetric Research Methodology, Jakarta: Ghalia Indonesia, Fifth Edition.
Soerjono Soekanto and Sri Mamudji, 2009, Normative Legal Research A Brief Overview, 11th Printing. Jakarta: PT Raja Grafindo Persada.
Sunarti Hartono, 2015, Analysis and evaluation of Dutch Colonial Heritage Regulations, National Legal Development Agency, Ministry of Law and Human Rights.
Journal/Seminar
Ella Emilia Rahmasari, I Gusti Ayu Ketut Rachmi Handayani, Lego Karjoko, 2022, Student, Faculty of Law, Sebelas Maret University, "Legal Certainty Arrangement of Inheritance Certificates in Registration of Transfer of Land Rights Due to Inheritance", UNIBA Surakarta National Seminar.
Shafi ra Meidina Rafaldini; Anita Afriana; Pupung Faisal, Certificate of Inheritance containing incorrect information related to the strength of the proof as an authentic deed, Faculty of Law, University of Padjadjaran, Journal of Civil Procedure Law, Vol. 6, No. 1, January – June 2020.
Internet:
Rumah.com editorial team, “property guide”,www.rumah.com, June 22, 2023.
