M. Sudirman
Faculty of Law, Brawijaya University Malang, Indonesia

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The Urgency of Legal Regulation On Investigator Authorization To Seize And Obtain Original Notarial Deeds Fauza Shofia; Herlindah; M. Sudirman
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.366

Abstract

This study examines the urgency of regulating and harmonizing the authority for the seizure and confiscation of notarial minutes in the Indonesian legal system. Minutes of deeds, as part of notarial protocol, have a special character as authentic evidence containing high evidentiary value, official confidentiality, and the legal interests of the parties. On the other hand, the need to enforce criminal law requires access to these documents, especially in the context of proving cases. This condition creates a gap between regulations in criminal procedure law and notarial law, especially regarding the authority of the Notary Honorary Council and the Chief Justice of the District Court. This study aims to analyze the philosophical, sociological, and juridical basis of these regulations, and formulate an appropriate form of harmonization to create legal certainty, justice, and benefit. The research method used is normative juridical with a statutory and conceptual approach, which examines various related legal norms and relevant legal doctrines. The results of the study indicate that the current regulations still cause partial disharmony, especially regarding the mechanism for confiscating original minutes of deeds, which has not been explicitly regulated. Therefore, normative harmonization is needed that places protection of deed minutes as a primary principle, while still allowing limited scope for seizure under exceptional circumstances. This harmonization must emphasize the functional relationship between the authority of the Notary Honorary Council as an ethical-professional filter and the Chief Justice of the District Court as a judicial supervisor, thus creating a balance between the protection of the notary's office and the effectiveness of criminal law enforcement
The Civil Rights of an Individual in a Certificate of Inheritance Proven  to Have Been Based on Forged Documents Candrika Arivia Apriliani; Rachmi Sulistyarini; M. Sudirman
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.387

Abstract

This study aims to analyze the civil rights of lawful heirs affected by a Certificate of Inheritance Rights proven to have been issued on the basis of forged documents and to examine the forms of civil liability arising from such unlawful conduct. This research employs a normative legal research method using both statutory and case approaches through the examination of legislation, legal doctrines, and the Supreme Court Decision Number 1470 K/Pid/2023. The findings demonstrate that document forgery in the preparation of a Certificate of Inheritance Rights gives rise to legal consequences in the form of the loss of inheritance rights, loss of recognition as a legal subject within inheritance relations, and deprivation of the right to control and enjoy the deceased’s estate. Such conduct constitutes an unlawful act that contravenes the principles of legal protection and legal certainty. Civil liability toward the aggrieved lawful heirs is based on Article 1365 of the Indonesian Civil Code through the provision of compensation, the annulment of the legally defective Certificate of Inheritance, and the restoration of the original legal condition through the reinstatement of the lawful heirs’ legal status. The novelty of this research lies in its focus on the restoration of heirs’ civil rights resulting from the forgery of a Certificate of Inheritance from the perspective of legal protection and victims’ rights recovery.