Legal Literacy - This article discusses how to resolve inheritance disputes in Indonesia. Let's take a look at the discussion.

Indonesia is a State of Law

Based on the 1945 Constitution Article 1 paragraph (3) which states that Indonesia is a state of law (rechstaat), 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 a state of law , it is necessary to have an independent judicial power to administer justice with the aim of upholding law and justice.

Settlement of Inheritance Disputes

Judicial power is exercised by a Supreme Court and judicial bodies under it within the scope of General Courts, Religious Courts, Military Courts and State Administrative Courts and by a Constitutional Court.[1] In examining, adjudicating and deciding civil cases, in this case inheritance, the discussion will focus on the competent courts, including:

1. Settlement of Inheritance Disputes through the District Court

The District Court is one of the executors of judicial power within the scope of the general court, and has the authority to examine, adjudicate, and decide criminal and civil cases at the first level. The authority of the District Court in cases of criminal law includes all forms of criminal acts, except for military criminal acts which are the authority of the Military Court.

Meanwhile, in civil cases, the District Court has the authority to adjudicate civil cases in general, except for certain civil cases which 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, for Muslims, if they file an inheritance dispute in 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 people who are Muslims” includes people or legal entities who voluntarily submit themselves to Islamic law.

Therefore, Muslims who are in dispute in the District Court are people 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]