Law Juridical Analysis on the Elimination of Race and Ethnic Discrimination in Making Certificate of Inheritance in the Land Registration Process Based on Law Number 40 of 2008

The classification of the population in Indonesia has occurred since the days of the Dutch East Indies, which is regulated in Article 163 IS. The regulation of population classification is still applied in the making of the Inheritance Certificate for Indonesian citizens, which is now regulated in the Regulation of the State Minister for Agrarian Affairs / Head of the National Land Agency No. 3 of 1997 concerning the Implementation of Government Regulation no. 24 of 1997 concerning Land Registration. The existence of these regulations creates acts of discrimination that are against Pancasila, legal principles, and laws. This research uses a normative juridical approach, namely by reviewing or analyzing secondary data in the form of literature, journals, and laws and regulations. Based on the results of research in the making of an inheritance certificate, there is still discrimination because it is based on the division of 3 (three) population groups, namely the European group, the Bumiputera group, and the Foreign Eastern group, thus this is not in line with the provisions of Law Number 40 of 2008 concerning the Elimination of Racial Discrimination and ethnicity because Indonesian citizens are entitled to equal positions before the law.


I. Introduction
The Indonesian nation is a nation consisting of various ethnic or ethnic groups. The state of Indonesia is not inhabited and built by one ethnicity alone, but all ethnic groups in Indonesia have contributed to the journey of the Indonesian nation. The separation of the Indonesian population based on ethnicity and class emerged during the Dutch colonial period. This was enforced for political purposes during the Dutch colonial period in Indonesia, namely by issuing population classification rules and laws that apply to each group UMPwt. L. Rev. 2 (2): [76][77][78][79][80][81][82][83][84][85][86][87][88][89] against what has become his right must be accompanied by a certificate of inheritance. With the certificate of inheritance, the heirs can take legal action against the inheritance of the heirs together. 5 The making of evidence as an heir is made based on the population group under the provisions of Article 111 paragraph (1)  Every authority must have a legal basis so that the authority of any office must be clear and firm in the laws and regulations governing the official or position. In addition, proof with an authentic deed made by a notary has the advantage of having perfect proof power. An authentic deed is a piece of evidence that cannot be denied unless the opposing party submits other evidence stating otherwise. In addition, its contents can be accounted for because it is an authentic deed. In the form of an authentic deed, the legal basis of a notary makes it the basis for clear authority and under legal certainty. By being made by a notary, a check will be made to the list of the Inheritance Center.
Various provisions that are discriminatory in nature should be perfected because they are contrary to Pancasila, the legal principles of descendants of citizens born and raised in Indonesia should no longer be treated as foreigners. In this regard, we no longer need to use the terms indigenous people or native Indonesians. Racial and ethnic discrimination in making Certificate of Inheritance (SKW) with the provisions of Article 111 paragraph (1) letter c number 4 concerning Regulation of the State Minister of Agrarian Affairs/Head of National Land Office Number 3 of 1997 concerning Implementation of Government Regulation Number 24 of 1997 concerning Land Registration), also contradicts Law Number 40 of 2008 concerning the Elimination of Race and Ethnic Discrimination. Discrimination, according to Article 1 point 1 of Law Number 40 of 2008 is any form of distinction, exclusion, limitation, or election based on race and ethnicity, which results in the revocation or reduction of recognition, acquisition, or implementation of human rights and basic freedoms in an equal way. in the civil, political, economic, social, and cultural fields. 7

1.
How is the analysis of racial and ethnic discrimination in making

III. Research Methods
The approach method used in this research is normative juridical, namely legal research carried out by examining library materials or secondary data as the basis for research by searching for regulations and literature related to the problems studied. 8 Data collection is carried out by library research, namely collecting data by reading, understanding, quoting, summarizing, and making notes as well as analyzing laws and regulations, documents, scientific literature, and research by experts. Secondary data is the main data used in this writing. Secondary data includes primary legal materials, secondary legal materials, tertiary legal materials. 9 Primary legal material is binding legal material, which comes from statutory regulations. Secondary legal materials are legal materials that explain primary legal materials, which consist of literature, books related to the elimination of racial and ethnic discrimination. Tertiary legal materials are legal materials that provide additional explanation or support for existing data on primary and secondary legal materials. The tertiary legal materials used are searches on the internet. 10 Data analysis, using qualitative analysis by describing the data obtained in the form of explanations and descriptions of sentences. Methods The presentation of data is carried out in the form of narrative descriptions, relationships between categories, flow charts, and others. 11

Race and Ethnic Discrimination in Making Certificate of Inheritance (Surat Keterangan Waris, SKW)
The definition of discrimination according to the Big Indonesian Dictionary is the difference in treatment of fellow citizens (based on skin color, class, ethnicity, economy, religion, and so on). Discrimination in society is motivated by history, socio-cultural and situational developments, personality factors, and differences in beliefs, beliefs, and religions of an individual or group in society. 12 The practice of making a Certificate of Inheritance (Surat Keterangan Waris, SKW) is made based on the population group under the provisions of Article 111 paragraph (1)  If the land has not been recorded under the provisions of Article 42 paragraph (2) of Government Regulation Number 24 of 1997 which reads as follows: "If the parcel of land which is an inheritance has not been registered, the documents as referred to in Article 39 paragraph (1) letter must also be submitted. b". Documents that prove the existence of land rights to the beneficiary are required after the first registration of the right in question in the name of the beneficiary. This is explained in the Elucidation of Article 42 paragraph (2) of Government Regulation Number 24 of 1997. From the provisions of Article 42 paragraph (2) of Government Regulation Number 24 of 1997 above: a. The heirs must show proof of rights in the form of written evidence, witness statements, and or statements in question, the content of which is deemed sufficient by the Adjudication Committee or the Head of the Land Office to register the rights, rights holders, and rights of other parties that burden them. b. A certificate stating that the land parcel in question has not been certified from the Land Office, or for land located in an area far from the Land office's domicile, from the right holder concerned with confirmation by the Village/Urban Head. c. Based on the data in points 1 and 2 above, an inheritance deed is then made by the Land For the distribution of joint rights, Article 51 paragraph (1) of Government Regulation Number 24 of 1997 states: "The distribution of joint rights to land or property rights to flat units becomes the right of each joint right holder to be registered based on a deed made by the authorized Land Titles Registrar (Pejabat Pembuat Akta Tanah, PPAT) according to regulations. applicable law which proves the agreement between the joint rights holders regarding the distribution of the joint rights".
In time a common right, whether acquired as an inheritance or for other reasons, needs to be divided so that it becomes an individual right. For this reason, the agreement between the joint rights holders needs to be stated in the Land Titles Registrar (Pejabat Pembuat Akta Tanah, PPAT which will be the basis for registration. In this distribution, all joint rights holders do not need to get a share. In the distribution of inheritance, the individual rights holders are often only part of the total inheritance, as long as this is agreed upon by all beneficiaries as joint rights holders. Furthermore, after the heirs register the transfer of ownership rights over their land to the Land Office, an announcement will be issued at the Land Office and the Village/District Head office where the land in question is located. This announcement is carried out for 60 days to provide an opportunity for interested parties to file objections. The certificate will be issued according to the physical data and juridical data that have been registered in the land book. 13 Racial discrimination in making inheritance certificates is contrary to the spirit of nation-building, that by classifying the population, especially in making inheritance certificates, there is an action and/or policy that is contrary to the law, namely Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination in the form of differentiating and/or restricting certain groups in order to obtain basic freedoms and/or the implementation of human rights in the form of their need to obtain authentic evidence that explains themselves as the party entitled to the inheritance left for them and also contradicts the theory of the rule of law which today requires the existence of several principles, as stated by Jimly Asshiddiqie, which in principle is to guarantee the protection of the rights of every individual to freedom, anti-discrimination and equality, especially Persam in law (Equality Before The Law) law enforcement in a way that does not conflict with the law (Due Process of law); Protection of Human Rights. 14 2.

Certificate of Inheritance
A certificate of inheritance is a letter that is used as the basis for the right of the heir to take legal action on an inheritance left by the heir. With the certificate of inheritance, the heirs can take legal action against the inheritance of the heir together, both regarding management actions and own actions over the inheritance. In this case, it is in the form of assets inherited from the heirs in the form of land which if you want to change the name, you can apply to the local Land Office, namely by: a. register the transfer of rights (transfer of name) to land that has been registered (certified).
b. apply for new rights (certificates) on unregistered land such as girik land, ex-western land rights, state land. 15 The certificate of inheritance which is divided into several population groups is only related to land management because the legal basis is in the regulations regarding land. However, this is used as a reference basis for any actions outside the land because there are no rules that specifically regulate inheritance certificates.
The heir certificate also has a function for the heirs to pawn or pledge the assets inherited by the heir to another party or creditor if the heir wants to borrow money or apply for credit. In addition, the heir certificate also serves to transfer the assets of the heir to other parties, for example, selling, granting, relinquishing rights, binding sale and purchase before a notary and others in the form of a transfer of rights, and also changing the status of joint ownership of the inheritance of the testator becomes the property of each heir by making or making a deed of distribution and separation of the inheritance of the heir before a notary. 16 To implement this Government Regulation No. 24/1997, a Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency No. 3/1997 on Provisions for the Implementation of Government Regulation No. 24/1997 on Land Registration was made. In Article 42 of Government Regulation Number 24 of 1997, it is ordered that there is a certificate of inheritance as the basis for the transfer of rights due to inheritance, which in essence is that if there is only one beneficiary, the proof of the transfer of rights is a letter of evidence as an heir. The registration of the transfer of rights is accompanied by a certificate of death of the testator and a certificate for the land that has been registered. If it has not been registered, a certificate of title or a certificate from the village/kelurahan head stating that the person concerned controls the parcel of land and a certificate stating that the land parcel in question has not been certified from the Land Office. However, if the beneficiary is more than one person, then the proof of the transfer of rights in addition to having a letter of proof as an heir must have a deed of inheritance distribution, but if there is no deed of distribution of inheritance, the transfer of rights can be registered as a joint right. 17

Classification of Population in Making Certificate of Inheritance
Article 131 Indische Staatsregeling (IS) and Article 163 IS are some of the causes of legal pluralism in the civil sector, especially in terms of rights in the transfer of rights due to inheritance. In the provisions of Article 163 IS, the population of the Dutch East Indies was divided into 3 (three) groups, namely the European group, the Bumiputera group, and the Foreign Eastern group. The division of these groups is followed by the distribution of legal power for each of these groups based on Article 131 IS. The classification of the population in making certificates of inheritance in Indonesia still exists because it is the legal politics of the Dutch colonial government, the current law is a product of the Dutch East Indies government that applies in Indonesia based on the principle of concordance, meaning that the law in force in Indonesia is the same as legal provisions in force in the Netherlands. The application of these provisions is solely to fill a legal vacuum (

Elimination of Discrimination in making Certificate of Inheritance (Surat Keterangan Waris, SKW)
According to Article 1  "Everyone has the right to be free from discriminatory treatment on any basis and is entitled to protection against discriminatory treatment".
The Article 5 letter a, that the elimination of racial and ethnic discrimination must be carried out by providing "Protection, certainty, and equal status under the law for all citizens to live free from racial and ethnic discrimination" The provision clearly emphasizes the recognition of the existence of humanity, human justice in humane ways. 24 The classification of the population in Article 111 of the Regulation of the State Minister of Agrarian Affairs/Head of BPN No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation no. 24 of 1997 concerning Land Registration creates confusion because Law no. 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination requires the abolition of racial and ethnic discrimination and in providing fair legal certainty for every citizen who will provide such provisions seems discriminatory because it must be based on population classification as the law applied during the Dutch colonial period. 25 In a state of law, the position of citizens, as well as government officials are the same, and there is no difference before the law. Thus, the principle of equality before the law or Equality Before The Law is one of the most important and influential principles in the legal system in Indonesia. The Constitution of the Republic of Indonesia has explicitly regulated the guarantee of protection and enforcement of human rights, one of which is regarding equality before the law. In Article 27 paragraph (1), Article 28D paragraph (1), and Article 28I paragraph (2) of the Constitution of the Republic of Indonesia that: Article 27 paragraph (1): "All citizens have the same position in law and government and are obliged to uphold the law and government with no exceptions" Article 28D paragraph (1): "Everyone has the right to recognition, guarantees, protection, and fair legal certainty and equal treatment before the law" Article 28I paragraph (2): "Everyone has the right to be free from discriminatory treatment on any basis and is entitled to protection against such discriminatory treatment." This article implies that every citizen without having to look at racial, ethnic, and religious backgrounds, whether citizens who are natives or natives or non-natives, differences in education or financial ability and other factors, as long as he is an Indonesian citizen, then treated equally before the law. 26 Post-Independence on August 17, 1945, the legislation regarding citizenship in Indonesia underwent at least three changes. Namely, the Citizenship Law Number 3 of 1946, which was later replaced by the issuance of the Citizenship Law be very contrary to the equality of Indonesian citizens. This law includes many new policies to eliminate discrimination and prevent violations of the rights of Indonesian citizens. Indonesian citizens according to Article 4 of Law Number 12 of 2006 concerning Citizenship are; a. Every person who based on laws and/or based on an agreement between the government of the Republic of Indonesia and another country before the enactment of this Law has become an Indonesian citizen; b. Children born from a legal marriage of a father and mother are Indonesian citizens; c. Children born from legal marriages of an Indonesian citizen father and a foreign mother; d. A child born from a legal marriage of a foreign national father and an Indonesian mother; e. A child born from a legal marriage of an Indonesian citizen mother but whose father does not have citizenship or the laws of the country of origin of the father do not grant citizenship to the child; f. A child born within a period of 300 (three hundred) days after his father died from a legal marriage and his father is an Indonesian citizen; g. Children born out of legal marriage to an Indonesian mother; h. A child born out of legal marriage to a foreign mother who is recognized by an Indonesian father as his child and the acknowledgment is made before the child is 18 (eighteen) years old and/or unmarried; i. Children born in the territory of the Republic of Indonesia whose citizenship status is unclear at the time of birth; j. A newborn child found in the territory of the Republic of Indonesia as long as the father and mother are unknown; k. Children born in the territory of the Republic of Indonesia if the father and mother do not have citizenship or their whereabouts are unknown; l. Children born outside the territory of the Republic of Indonesia from a father and mother who are Indonesian citizens who due to the provisions of the country where the child was born give citizenship to the child concerned; m. The child of a father or mother whose citizenship application has been granted, then the father or mother dies before taking the oath or swearing allegiance.
In addition to these provisions, citizenship of the Republic of Indonesia can also be obtained through citizenship, namely the procedure for foreigners to obtain citizenship of the Republic of Indonesia through an application. Provisions regarding citizenship in Indonesia are regulated by relying on the principles of general or universal citizenship, namely the ius sanguinis principle (determining citizenship based on descent) and the ius soli principle (determining citizenship based on place of birth). And also based on special principles, some of which are: a. The principle of equality in law and government is the principle that determines that every Indonesian citizen gets the same treatment in law and government. b. The principle of non-discrimination is the principle that does not differentiate treatment in all matters relating to citizens based on ethnicity, race, religion, gender, and gender.
c. The principle of recognition and respect for human rights is the principle that in all matters relating to citizens, citizens must guarantee, protect and honor human rights in general and the rights of citizens in particular.
Juridical Analysis on the Elimination of Race and Ethnic…..

Fita Candra Nurdia
[87] The Citizenship Law regulates and stipulates who can be classified as citizens regardless of race and ethnicity, as long as they fulfill the requirements stipulated by law. This is an implementation of the purpose of the Citizenship Law, which is to provide legal protection and certainty for citizens.
During the Dutch East Indies era, the Indonesian population (Dutch East Indies) was divided into 3 (three) groups under Article 163 IS of 1925 which came into force on January 1, 1926, namely, the European group, the Foreign Eastern group, and the Bumiputera group.
However, at this time the Indonesian population has been regulated based on the Indonesian Citizenship Law Number 12 of 2006 which in essence stipulates that the Indonesian population is only differentiated into first, Indonesian citizens, and second, foreigners (residents who are not Indonesian citizens). With this law, it means that in Indonesia today there is no longer any classification of citizens as before the law was enacted. Whereas with the enactment of the Citizenship Law Number 12 of 2006 it is hoped that in the future, this division of population groups will no longer be known. 27 Making evidence as an heir is a civil right of every citizen. So article 111 paragraph (1) letter c number 4 concerning Regulation of the State Minister of Agrarian Affairs/Head of the National Land Agency Number 3 of 1997 concerning the Implementation of Government Regulation Number 24 of 1997 concerning Land Registration is substantially flawed and does not fulfill the legal purpose, namely justice, because it regulates regarding the classification of the population that is no longer relevant to use today and is contrary to other laws and regulations and until now in Indonesia, there has not been a legal unification that can refer to an official or special agency that makes inheritance statements. The granting of such authority to an official or agency becomes very necessary because it can make efforts to eliminate acts of discrimination in making evidence as an heir. In essence, the position of humans is equal before God Almighty humans are not born with the right to choose whom to be born from, as part of a certain race and ethnicity. Therefore, humans are born with differences, including differences in race and ethnicity. However, the differences between race and ethnicity do not result in differences in individual rights and obligations attached to certain races and ethnicities. 28

V. Conclusions
Until now, there is still discrimination in the process of registering land because when they become the beneficiary (heir) they must register their land with the Land Office. For land to be recorded, one that needs to be submitted to the Land Office is a Certificate of Inheritance (SKW). No. 3 of 1997 concerning Provisions for the Implementation of Government Regulation no. 24 of 1997 concerning Land Registration, which is divided into 3 (three) groups. This still exists because it is a legal policy of the Dutch colonial government, namely in the provisions of Article 163 IS which causes legal pluralism in the civil sector, especially in terms of rights in the transfer of rights due to inheritance. The current law is a product of the Dutch East Indies government that applies in Indonesia based on the principle of concordance, meaning that the law that applies in Indonesia is the same as the legal DOI: 10.30595/umplr.v2i2.8674 [88] provisions that apply in the Netherlands. The application of these provisions is solely to fill a legal vacuum (rechtvacuum).
Making a Certificate of Inheritance (Surat Keterangan Waris, SKW) based on the population group is not in line with the provisions of Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination In a legal state, the position of citizens, as well as government officials is the same, and there is no difference in advance. Thus, the principle of equality before the law or Equality Before The Law is one of the most important and influential principles in the legal system in Indonesia. The 1945 Constitution of the Republic of Indonesia in principle prohibits any form of discrimination, as regulated in Article 27 paragraph (1), Article 28D paragraph (1), and Article 28I paragraph (2)

VI. Suggestions
To eliminate the practice of racial and ethnic discrimination in making a Certificate of Inheritance for the party authorized to make an inheritance statement, it should only be carried out by one official, namely the Notary because it has the authority to make an authentic deed based on the Law and the Notary deed has the strongest and most complete evidentiary power. carried out so that citizens are treated fairly and equally before the law and do not conflict with Law Number 40 of 2008 concerning the Elimination of Racial and Ethnic Discrimination. If these rules continue to apply in Indonesia, which is clear in the 1945 Constitution in Article 27 paragraph (1), Article 28D paragraph (1) and Article 28I paragraph (2) and the Indonesian Citizenship Law Number 12 of 2006 which essentially stressed that it is no longer necessary to use the term indigenous people or native Indonesians, so Indonesian citizens who are treated discriminatively can file a Judicial Review.