Kepastian Hukum Surat Keterangan Waris Sebagai Persyaratan Pengambilan Jaminan Kredit

Abstract

The purpose of writing is to analyze the legal certainty of inheritance certificate made according to the classification of the population as a requirement to collect credit guarantees. The method used in writing is a qualitative method with a normative approach. The existence of the provisions of classification of the population as the provisions of Article 131 and 163 Indische Staatregeling can not provide legal certainty in the manufacture of inheritance information used as a condition of collateral credit collection, because in practice there is a bank requesting an inheritance certificate must be made by Notary, although the concerned group indigenous. Actually, Article 15 paragraph (1) of the Notary’s Office Law 2014 does not clearly mention the authority of Notary to make an inheritance certificate, but the bank prefers certificate of inheritance must be made by Notary, in consideration because the certificate of inheritance made by Notary has more strong evidentiary power. This is because every deed made by a Notary has external, formal and material authentication power. It should be noted that after Indonesia Merdeka, the practice of making an inheritance certificate based on occupation class need not exist anymore, because it is contradictory to Law Number 40 Year 2008, because it is a criminal act as well as racist, and violates the principles of Human Rights. Thus, the rule of law in the production of evidence as heirs that still have to be based on ethnicity and the institutions that make it different must be immediately terminated, in addition there is no legal consequence whatsoever with the existence of the heterogeneity of the evidence of this ethnic heir.