KEPASTIAN HUKUM AKTA KETERANGAN WARIS YANG DIBUAT DI HADAPAN NOTARIS DALAM SENGKETA ANTARA AHLI WARIS TERHADAP HARTA WARISAN

Abstract

A notarial deed of inheritance is an authentic deed made by a notary to provide certainty regarding the status of heirs, the object of the decedent's estate, and the share to which each heir is entitled. Despite its status as an authentic deed, in practice it does not always prevent inheritance disputes from arising, as reflected in various court cases caused by heirs being excluded, disagreement over distribution, or material defects in its drafting. Based on this background, this study formulates two problems, namely how the evidentiary force of a notarial deed of inheritance is assessed in disputes among heirs over the decedent's estate, and how legal certainty of such a deed is achieved in the same disputes. This study employs Gustav Radbruch's theory of legal certainty as its grand theory, which asserts that law must contain the values of certainty, justice, and expediency, together with Sudikno Mertokumo theory of evidence as applied theory to analyze the deed's position among other forms of evidence at trial. This is a normative juridical research, specifically a library law research using primary, secondary, and tertiary legal sources, employing the statute approach, the conceptual approach, the case approach, and the analytical approach. Legal materials were collected through library research by identifying and taking an inventory of positive law, book literature, and journals, while the analysis was conducted using legal interpretation and legal construction applied to three case positions representing various types of inheritance-deed disputes before the District Court.The results show that the evidentiary force of the deed is strong at the external and formal levels as an authentic deed, but is not absolute at the material level, as it remains subject to examination of the deed's relevance to the disputed object and the legal validity of the party invoking it. Legal certainty of the deed can generally be achieved through clarity regarding the heirs, the estate object, and the basis for subsequent legal acts, yet such certainty remains strong but conditional. This study recommends that notaries conduct thorough verification of the composition of heirs and the existence of a will prior to drafting the deed, and that judges formulate decisions explicitly to maintain consistency and predictability of legal certainty for justice seekers