Problems of the Legal Position of Notarial Wills in Legal Practice in Indonesia

This study aims to analyze and examine the extent of the legal position and force of notarial wills in the Compilation of Islamic Law in Indonesia. A will as one of the legal tools or instruments in the system of inheritance of position is very important because in addition to containing a juridical aspect, it also contains a religious aspect. In the prevailing legal system in Indonesia, Notaries as public officials have the authority to make authentic deeds, including testamentary deeds, as stipulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Office of Notary. However, in Islamic law, the making of a will must be in accordance with the provisions of the sharia, especially regarding the limit on the amount of property bequeathed, the recipient of the will and the validity of the contents of the will itself. The results of the study show that a notary will deed provides legal certainty with a higher position and has greater power in proving as an authentic deed in the eyes of positive law. However, there are also challenges, where the applicability of the substance is not in line with the principles of Islamic law. Thus, there is still a lack of harmony, especially between positive law and Islamic law in the implementation of wills in Indonesia, so that it can meet the principles of legal certainty, usefulness, and justice.