Peran Notaris Dalam Pembuatan Surat Keterangan Waris Terkait Penggolongan Penduduk Di Indonesia

Abstract

The formulation of a Certificate of Inheritance based on population classification is contrary to the spirit of development in Indonesia which upholds democratic spirit, but there are cases where an heir who applies for a Certificate of Inheritance is rejected by a notary because the applicant's parents originate from two different groups. The formulation of the problem in this study is first, does a notary have a role in formulating a Certificate of Inheritance related to the classification of the population in Indonesia? Second, what is the role of a Notary in the making of a Certificate of Inheritance in regards to the fact that there remain population classifications in Indonesia? This is a normative legal research, the approaches used are statutory, conceptual and historical approaches. Data collection was carried out through library research and document studies which were then analyzed in a normative juridical manner. The results of the study concluded that first, the notary has a role in formulating a Certificate of Inheritance related to the classification of the population in Indonesia, namely as the only official who has the authority to make a deed as authentic evidence for heirs in the form of a Certificate of Inheritance without discriminating between ethnic groups, ethnicity or religion. Second, the role of the Notary in making the Certificate of Inheritance is related to the fact that there is still a population classification in Indonesia, namely as an official authorized to make a certificate of inheritance for Indonesian citizens of Chinese descent in accordance with Article 111 paragraph (1) of the Regulation of the State Minister of Agrarian Affairs/Head of the National Land Office Number 3 of 1997, due to legal political influence solely to fill the legal vacuum (rechtvacuum), hence after the issuance of Law Number 40 of 2008 on Racial and Ethnic Discrimination, the population classifications cease to exist.