Kedudukan Akta Keterangan Hak Mewaris dibuat oleh Notaris bagi Warga Negara Indonesia Keturunan Tionghoa sebagai Tanda Bukti Ahli Waris

In Indonesian positive law there is no rule which specifically and expresslyregulates the authority of the Notary Public to make a statement on the rightto inherit. The Notaries Public make it simply based on costume practiced by theprevious ones. It is not expressly stipulated in Article 15 of Act Number 2 of 2014concerning the Amendment to Act Number 30 of 2004 concerning the Office of NotaryPublic, whereas these Acts are the main rules regulating the Office of NotaryPublic. This condition has significant effect to the evidencing force of the deed onthe statement on the right to inherit made by the Notary Public. This research is normativelegal research and this research is based on library study or secondary data.This research is conducted by analyzing certain problem by studying legislation,literature, and other references related with the authorities of the Notary Public inmaking a statement on the right to inherit and the evidencing force of the deed on thestatement on the right to inherit for the Indonesian citizens of Chinese decent. Fromthe results of the research it can be concluded that the ground for the authority of theNotary Public to make a statement on the right to inherit is Article 111 paragraph(1) letter c of the Regulation of the Regulation of the Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning Implementation ofGovernment Regulation Number 24 of 1997 concerning Implementation, whereasRegulation of State Minister does not include in the hierarchy of legislation in Indonesia.Thus, the making of the deed on statement concerning the right to inheritby the Notary Public is not based on the positive law prevailing in Indonesia. Thesaid deed does not fulfill the physical term of an authentic deed because there is nopositive law regulating expressly and clearly on the authority of the Notary Publicto make a statement on the right to inherit. the evidencing force of the deed on thestatement on the right to inherit made by the Notary Public depends on the truth ofthe content of the said deed