Membangun Model Perjanjian Keluarga Pra Waris untuk Mewujudkan Kepastian dan Keadilan dalam Hukum Kewarisan Indonesia

Abstract

Inheritance disputes in Indonesia frequently arise from the legal pluralism of inheritance systems that operate side by side Western civil inheritance law, Islamic inheritance law, and customary (adat) inheritance law each governed by distinct principles and distribution mechanisms. Resolving inheritance disputes through litigation is often lengthy, costly, and potentially damaging to kinship relations among heirs. This article aims to construct a model of pre-inheritance family agreement as an alternative dispute resolution mechanism capable of realizing both legal certainty and justice for the parties involved. This research employs a normative juridical method with statutory, conceptual, and comparative approaches across the three inheritance law systems applicable in Indonesia. The findings indicate that a pre-inheritance family agreement executed as an authentic notarial deed, formulated upon the principles of mutual consent, transparency of assets, and balanced rights among heirs, may function as a legally binding preventive instrument that reduces the potential for open disputes in the future. The proposed model integrates the deliberative values of customary law, the reconciliatory principles of Islamic law, and the freedom-of-contract principle under the Civil Code, rendering it applicable across Indonesia's plural inheritance law systems.