Legal Consequences of Wills Not Made in the Form of an Authentic Deed

Abstract

Abstract. A will is a legal instrument for conveying a person's wishes regarding the distribution of assets after death. In Indonesian law, the provisions of wills are regulated in the Civil Code (KUHP) and the Compilation of Islamic Law (KHI). The KUHP only recognizes wills made formally through a notarial deed, while the KHI is more flexible, allowing both written and oral wills, as long as they comply with sharia principles and can be proven to be true. This study examines the legal status of oral wills not stated in a notarial deed through a case study of PA Decision Number 196/Pdt.G/2016/PA.Tkl and PTA Decision Number 111/Pdt.G/2017/PTA.Mks, using normative juridical methods and a statutory approach. The results of the analysis indicate that a will without an authentic deed is not automatically null and void. The court has the authority to assess its validity based on the evidence presented. This emphasizes the importance of public understanding, especially Muslims, regarding the legal implications of the form and content of wills to avoid potential conflicts. This research is expected to contribute to the development of Islamic inheritance law in Indonesia, as well as serve as a reference for legal practitioners, academics, and the public in understanding the legal aspects of implementing wills in religious courts.

Keywords: Islamic Inheritance Law; Notarial Deed; Oral Will.