Best Inheritance Law Lawyers in Banjarmasin

1. About Inheritance Law in Banjarmasin, Indonesia

Inheritance law in Banjarmasin follows national Indonesian statutes and court rules. For non-Muslim residents and assets outside Islamic law, the primary framework is the Kitab Undang-Undang Hukum Perdata (KUH Perdata), the civil code governing intestate and testamentary succession. In practice, many families in Banjarmasin resolve estate matters through extrajudicial settlements with a notary to avoid lengthy court processes. For Muslims in Banjarmasin, inheritance is guided by Islamic principles implemented through the Kompilasi Hukum Islam (KHI) and managed by Pengadilan Agama (Religious Court).

In Banjarmasin, common steps include collecting the death certificate, compiling a list of legal heirs, and identifying assets such as land, houses, and businesses in South Kalimantan. If there is no valid will, the estate is distributed under applicable laws-faraid for Muslim heirs or intestate rules under KUH Perdata for others. A local inheritance attorney can help determine the correct track, prepare documents, and represent heirs in negotiations or court.

“Islamic inheritance in Indonesia is primarily guided by the Kompilasi Hukum Islam (KHI) and administered through the Pengadilan Agama.”

Source: Mahkamah Agung Republik Indonesia (official information on KHI and Pengadilan Agama) - https://www.mahkamahagung.go.id

2. Why You May Need a Lawyer

Below are concrete, real-world scenarios where residents of Banjarmasin commonly seek Inheritance Law legal help. Each scenario reflects typical local circumstances and assets found in South Kalimantan.

• A parent died in Banjar Regency without a will and left a house in Kota Banjarmasin. You need to determine your rightful share under faraid or intestate rules and handle probate steps to transfer title.
• A decedent left a will that disinherits a spouse or child. You want to contest or interpret the will under Indonesian law and verify its validity in court or through an extrajudicial settlement.
• A family owns a small business in Banjar Basin and a committee of heirs must decide who inherits control and how to manage liabilities. You need a lawyer to draft a distribution plan and protect ongoing operations.
• There is a dispute among siblings over a land parcel registered in the name of a deceased parent. You require mediation and, if needed, a court order to assign shares to rightful heirs.
• Assets include both Islamic and non-Islamic elements, causing confusion about which rules apply. A lawyer can determine whether Pengadilan Agama or Pengadilan Negeri should handle the matter.
• Adopted children or stepchildren seek recognition of inheritance rights. You need clear guidance on whether the law recognizes these relationships in your case and how to document them.
• All heirs want to complete an extrajudicial settlement (EWS) with a notary. You require a lawyer to prepare the Akta Pembagian Waris and ensure tax obligations and land transfers are properly handled.

3. Local Laws Overview

The following laws and regulations govern inheritance matters in Banjarmasin and in Indonesia more broadly. They determine which court handles disputes, how shares are calculated, and how assets are transferred.

• Kitab Undang-Undang Hukum Perdata (KUH Perdata) - Civil Code governing general inheritance rules for non-Muslim heirs and assets not covered by Islamic law. This framework underpins intestate succession and testamentary provisions in many urban and rural estates.
• Undang-Undang Nomor 7 Tahun 1989 tentang Peradilan Agama - Establishes the jurisdiction of Pengadilan Agama for Islamic family law matters, including inheritance for Muslims. Effective since 1989 with subsequent amendments to clarify procedures and jurisdiction.
• Kompilasi Hukum Islam (KHI) - A Supreme Court compilation used to guide Islamic inheritance cases in Pengadilan Agama. Published in 1992 and frequently referenced by judges and lawyers for application of faraid and related concepts.

These laws are complemented by the government’s official regulation portal and civil-law publications. For access to legal texts and official regulations, use government portals such as peraturan.go.id and Kemenkumham resources.

“KHI serves as a practical guide for judges and lawyers handling Islamic inheritance matters in Indonesia.”

Source: Mahkamah Agung Republik Indonesia - Kompilasi Hukum Islam and Pengadilan Agama usage - https://www.mahkamahagung.go.id

Additional official regulation access: https://peraturan.go.id and https://www.kemenkumham.go.id

4. Frequently Asked Questions

What is the difference between civil and Islamic inheritance in Indonesia?

How do I start a probate in Banjarmasin for non-Muslim heirs?

When should I hire a lawyer for an inheritance matter in South Kalimantan?

Where do I file an inheritance case in Banjarmasin, Pengadilan Negeri or Pengadilan Agama?

Why should I consider an extrajudicial settlement with a notary?

Can I contest a will or repudiation of heirs under Indonesian law?

Should I go to Pengadilan Agama or Pengadilan Negeri for my inheritance dispute?

Do I need to translate documents into Indonesian for court or notary dealing?

Is there a deadline to file an inheritance claim in Banjarmasin?

How much does it typically cost to hire an inheritance lawyer in Banjar region?

What documents are required for extrajudicial settlement of an estate?

What is the difference between an extrajudicial settlement and a court settlement?

How long does an inheritance case take in Banjarmasin on average?

Do adopted or stepchildren have inheritance rights under Indonesian law?

5. Additional Resources

Use these official resources to verify laws, find guidance, and locate authoritative legal information related to inheritance in Indonesia.

• Kementerian Hukum dan Hak Asasi Manusia Republik Indonesia (Kemenkumham) - National ministry responsible for law and human rights, including regulation publication and licensing of lawyers. Website: https://www.kemenkumham.go.id
• Mahkamah Agung Republik Indonesia (MA) - Supreme Court, which publishes guidelines, case law references, and the Kompilasi Hukum Islam used in Pengadilan Agama. Website: https://www.mahkamahagung.go.id
• Peraturan.go.id - Official portal hosting Indonesian regulations and statutes, including those on civil and religious inheritance matters. Website: https://peraturan.go.id

6. Next Steps

1. Identify the applicable track by heirs: determine if the matter falls under KUH Perdata or Islamic inheritance via Pengadilan Agama. This impacts where to file and which rules apply. Timeline: 1-3 days for initial assessment.
2. Gather key documents: death certificate, family tree, wills or wasiats, land and asset titles, and debt records. Timeline: 1-2 weeks to assemble.
3. Consult a local inheritance lawyer (pengacara) or legal counsel in Banjarmasin to review documents and outline a strategy. Schedule 60-minute initial consultations and ask about potential costs.
4. Decide on a path: probate (court-based) or extrajudicial settlement with a notary. Your lawyer will help prepare the required petitions or Akta Pembagian Waris. Timeline: 2-8 weeks depending on complexity.
5. Prepare and file the appropriate petitions or settlement documents with the proper authority (Pengadilan Agama or Pengadilan Negeri, or a notary for EWS). Obtain receipt and tracking numbers for filings. Timeline: 4-12 weeks.
6. Address asset transfers, including land and property titles, and any tax obligations (BPHTB, if applicable). Your lawyer can coordinate with the land office and tax authorities. Timeline: 2-8 weeks after court orders or settlement.
7. Monitor the process and communicate with heirs regularly. Establish a clear decision point with your lawyer for deadlines and milestones. Timeline: ongoing until the estate is fully settled.