Legal Literacy - This article discusses how to resolution inheritance disputes in Indonesia. Let's take a look at the discussion.
Indonesia is a State of Law
Based on 1945 Constitution Article 1 paragraph (3) which states that Indonesia is a state of law (rechstaat), therefore, the consequence is that all actions taken by state administrators and citizens must be based on applicable legal provisions. If there is a violation of the law or a dispute, it must be enforced or resolved legally. In order to realize the achievement of rule of law this, there needs to be an independent judicial power to administer justice with the aim of upholding law and justice.
Inheritance Dispute Resolution
Judicial power is exercised by a Supreme Court and subordinate judicial bodies within the scope of General Courts, Religious Courts, Military Courts, and Administrative Courts, and by a Constitutional Court.[1] In the case of examining, adjudicating, and deciding civil cases, in this case inheritance, the competent court will be discussed, including:
1. Inheritance Dispute Resolution through the District Court
The District Court is one of the executors of judicial power within the scope of the general court, having the authority to examine, adjudicate, and decide criminal and civil cases at the first level. The authority of the District Court in cases criminal includes all forms of criminal acts, except for military crimes which are the authority of the Military Court.
Meanwhile, in civil cases, the District Court has the authority to adjudicate general civil cases, except for certain civil cases that are the authority of the Religious Court.[2] In the case of inheritance matters for Muslims, the authority lies with the Religious Court based on Article 49 of Law Number 3 of 2006 concerning Religious Courts. Meanwhile, inheritance cases other than those involving Muslims are the authority of the District Court.
Nevertheless, if a Muslim submits an inheritance dispute issue to the District Court, it will still be accepted. This is based on the explanation of Article 49 of Law Number 3 of 2006 concerning Religious Courts, where in the explanation, what is meant by "between Muslims" includes individuals or legal entities that voluntarily submit themselves to Islamic law.
Therefore, Muslims who are in dispute in the District Court are those who submit themselves to Indonesian civil law (BW) or customary inheritance law. Thus, the court should not refuse Muslims who want to resolve their cases in the District Court.[3]
The district court in resolving inheritance cases is based on customary and western law.[4] The legal basis for resolving customary inheritance law disputes is unwritten customary law.
In this case, judges are required to explore and follow as well as understanding the legal values and sense of justice that exist in societyThis is in accordance with Article 5 (1) of Law Number 48 of 2009 concerning Judicial Power which affirms that judges are obliged to explore, follow and understand legal values and the sense of justice that lives in societyThe provisions in this article will become one of the legal bases for judges to find the law based on customary law or traditional law.[5]
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