Analysis Of Judges' Legal Reasoning Across Court Levels In The Determination Of Inheritance Rights And The Status Of Notarial Deeds As Evidence Case Study Of Supreme Court Decision Number 2981 K/Pdt/2024

Abstract

Differences in judges' legal reasoning across court levels in inheritance dispute resolution create legal uncertainty for the parties involved. This study examines Supreme Court Decision Number 2981 K/Pdt/2024 to analyze the divergence in legal basis between the District Court and Supreme Court applying the Civil Code (KUHPerdata) and the High Court relying on jurisprudence, as well as the status of notarial deeds as evidence. Using a normative legal research method with statute, conceptual and case approaches, the findings reveal fundamental differences in determining the position of separate property, inheritance rights of widows/widowers without descendants and the evidentiary weight of the Notarial Deed of Inheritance Rights. The application of the Civil Code is considered more appropriate as it provides legal certainty and justice.