RIGHT TO SELF SUBMISSION TO WESTERN INHERITANCE LAW FOR THE HEIRS OF ISLAMIC RELIGION WHOM THE PROPERTY LEAVER HAS DIFFERENT RELIGION

Abstract

Objective: The objectives of this research are to analyze the Moslem heirs to submit themselves to Western Inheritance Law whom the property leaver has a different religion and the authority of the Notary to make a Deed of Statement to submit to Indonesian Civil Code. The benefits of this research are to give a contribution of academic and practical thoughts on the manner to analyze the issue of inheritance of different religions, especially on the rights for the Moslem heirs to submit themselves to Western Inheritance Law who the property leaver has a different religion and the authority of the Notary to make Deed of Statement to submit to Civil Code. Method: This is normative legal research which has a prescriptive character, with the statute approach, conceptual approach, and comparative approach. Results and Conclusion: The Moslem heirs have the opportunity of right to certify to submit himself to Civil Code in an Authentic Deed made by/ before the Notary because according to Judge-Made Law of Supreme Court of Number 172 K/Sip?1974 and the Redaction of the Results of Plenary Meeting of The Supreme Court of The Republic of Indonesia dated 3 to 5 May 2012 in the Circular of The Supreme Court Number 7 of 2012 that it is the law of the property leaver is applicable and in this matter the non-Moslem property leaver, in the case for the sake of legal certainty and legal protection, the Western Inheritance Law provides more guarantee because it is written rules, compared to unwritten customary inheritance law. The authority of the Notary to make a Deed of Statement to Submit to the Civil Code for the Moslem heirs is open because in principle a Notary is a public official (State representative) who is appointed by the State to meet the public need to legal certainty and law enforcement in a form of the authentic deed by holding firmly professionally to the Notary's Position Act.