Vol. 6, Issue 3 (2020)
Reconstruction of duties and authority of inheritance certificate-making institution in Indonesia based on justice value
Author(s): Nany Pudjianti Suwigjo, Gunarto, Maryanto, Widhi Handoko
Abstract: Certificate of Inheritance which distinguishes Indonesian citizens as indigenous people from descendants (mainly chinese-descendants people) is not in accordance with the values of Pancasila unity because all Indonesian citizens have the same position in the field of law and government as explained in accordance with article 27 paragraph 1 and article 28 D paragraph 1. Amendment to the Constitution of the Republic of Indonesia in 1945. This is one form that denies and contradicts the state constitution for an equal position in law against citizens, thus potentially causing division or grouping of people based on race. Therefore, the writer conducts research by raising the main issue of how are the obstacles to the task and authority of the institution making the inheritance certificate at this time and how is the policy reconstruction of the duties and authority of the institution making the certificate of inheritance based on fair value. The approach method in this research is socio legal with the tradition of qualitative research, using the constructivism paradigm. The discussion is carried out comprehensively using a progressive legal approach to achieving social justice. The results showed that reconstruction in a form of a Rule Breaking was needed and that is to Revoke: - Article 40 Instruction of Indonesian Heritage Halls, Stbl. 1872 Number 166. - Article 42 paragraph (1) Government Regulation No. 24 of 1997 concerning Land Registration in conjunction with the provisions of Article 111 paragraph (1) letter c Regulation of the Head of the National Land Agency No. 8 of 2012 which still requires a Certificate of Inheritance from Lurah & Camat (Village Head) for indigenous people, BPH specifically for foreign eastern citizens, and Notaries for residents of Chinese or eastern descent. Classification of population in the case of institutions that make a Certificate of Inheritance Rights and Making of the distribution of inheritance rights on Article 163 paragraph (4) I.S, Act Number 24 of 2013 concerning Population Administration; clearly confirms the elimination of the applicability of population classification based on the Staatsblad (STB 1917: 129, STB 1924: 556 and STB 1917: 12).