Legal Reconstruction of Notary Role in the Making of a will without Heir Appointment Based on Justice Value

Abstract

The aim of this research is to analyze and reconstruct the regulations on the role of Notaries in making will deeds without appointing an heir of the will in the midst of a pluralistic inheritance system in Indonesia using a constructivism paradigm, through direct interviews with informants empirically supported with studies literature through theoretical steps. Research Result shows that the weakness started from the kinship system in marriage in Indonesia which is the parental or bilateral kinship system where a child legally inherits from his father's and mother's lineage, the matrilineal system where a child legally inherits from his mother's lineage only, the kinship system patrilineal where a child legally inherits from his father's lineage only. This causes some residents to adhere to other laws such as Islamic inheritance law, and to some, the various customary law. Therefore It is not uncommon for there to be contradictions in inheritance law, especially between inheritance through a will and the inheritance system adopted by the heir. Therefore the legal reconstruction due to the pluralism of inheritance law in Indonesia is in the form where the procedures for making wills for each population group must be added to article 16 number (1) letters i and j of the Notary Position Law. based on the value of justice for both heirs, notaries, and parties related to wills, this should be done through harmonization of the legal system between population groups in Indonesia so as to provide beneficial values for heirs, heirs, and society in general.