LEGAL CONSULTATION: Obstacle of Discrepancy in Father's Name on Family Card When Processing Inheritance

Question: Let me introduce myself, my name is Zaini. I currently want to process the Determination of Heirs (Penetapan Waris) at the Religious Court (Pengadilan Agama), but I do not know how to proceed. Furthermore, there is an obstacle regarding a discrepancy in my father's name between the name listed on his Family Card (Kartu Keluarga/KK) and the name listed as "father" on my Family Card. I am afraid that when processing this inheritance determination, I will be hindered by this name difference and deemed not a legitimate heir. Incidentally, I am processing this determination for the purpose of selling my late father's inherited land. The name on the land certificate matches my father's Family Card. How should I handle this? Thank you.

Answer: Thank you for your inquiry!

Based on your statement, I can conclude that you wish to process a Determination of Heirs at the Religious Court for the purpose of selling inherited land. The problem lies in the difference in your father's name between your father's Family Card (KK) and your own Family Card. You are concerned about not being considered an heir due to this discrepancy, even though the land certificate already matches the name on your father's KK.

Therefore, I will outline the resolution to this issue below:

PROBLEM-SOLVING PATH

Your problem is actually quite common, and the solution is relatively straightforward. There are two process steps:

STEP 1: Correction/Proof of Father's Identity Discrepancy

A difference in names does not automatically disqualify you as an heir. You simply need to prove that the names refer to the same person.

There are 2 ways to do this:

1. Statement Letter from the Village/Sub-district Office (Kelurahan/Desa)

   • Content: States that Name A (on the father's KK) and Name B (on your KK) are the same person.

   • Requirements: Typically, the office will request: 1) Father's KK; 2) Your KK; 3) Father's ID Card/KTP (if available); 4) Parents' Marriage Certificate; and 5) Father's Death Certificate.

2. Statement of Heirs (Internal Family Document)

   • Signed by: 1) All heirs (children/spouse); and 2) Acknowledged by the Neighborhood Association (RT/RW) and Village Office (Kelurahan). This serves as additional evidence for the Religious Court.

Alternative Method: Court Petition (Itsbat Identity) If the Village Office refuses to issue the statement (which sometimes happens), you can file a Petition for Determination of Identity Discrepancy to the Religious Court.

• Content: A request for the court to determine that "Name X = Name Y".

• Examination: The judge will examine documentary evidence, family witnesses, and population administration history.

• Result: Once the determination is issued, there will be no further identity barriers.

STEP 2: Filing for Determination of Heirs at the Religious Court

After the identity issue is resolved, you proceed to file the Application for Determination of Heirs.

Required Documents Typically, the Religious Court requires:

1. ID Cards (KTP) of all heirs.

2. Family Cards (KK) of all heirs.

3. Parents' Marriage Certificate.

4. Death Certificate of the testator (father).

5. Land Certificate (to clarify the object of inheritance).

6. Statement Letter from the Village Office confirming that the different names refer to the same person.

7. Your Birth Certificate (if available).

8. Statement of Heirs signed by all heirs.

Stages in Court

1. Submit a Written Application: Can be drafted personally or by using a lawyer.

2. Case Registration: Fees depend on the summon radius (range: IDR 500,000 – 1,500,000).

3. Hearing: Usually consists of:

   • Examination of the applicant.

   • Examination of 2 witnesses (close family, neighbors).

4. Court Determination: The result is a Decree stating who the legitimate heirs are.

Note: The Determination of Heirs is very useful for purposes such as transferring the land title (balik nama) to the heirs, selling inherited land (the Land Deed Official/PPAT requires heir documents), as well as tax processing or other inheritance administration.

LEGAL BASIS

1. Islamic Inheritance Law (Since it is processed via the Religious Court).

2. Compilation of Islamic Law (KHI):

   • Articles 171–193 KHI: Provisions on heirs, inheritance shares, and legal procedures.

   • Article 174 KHI: Who constitutes an heir.

   • Article 185 KHI: Determination of heirs by the Religious Court.

3. Law No. 3 of 2006: Amendment to Law No. 7 of 1989 regarding Religious Courts (Religious Courts have the authority to decide inheritance cases).

4. Civil Procedure (HIR/RBg): Regarding evidence (Article 164 HIR: evidence includes letters, witnesses, confessions).

5. Population Administration Law (for name discrepancies):

   • Law No. 24 of 2013 regarding Population Administration. Article 79: Data correction is possible if there are errors or discrepancies.

   • Permendagri No. 108 of 2019: Basis for the Population and Civil Registration Agency (Disdukcapil)/Village Office to issue a statement that different names refer to the same person.

PRACTICAL SOLUTION FOR YOUR CASE

Here is the safest sequence of actions:

1. Go to the Village Office → Request a Statement Letter of Identity Discrepancy.

2. Prepare all heir documents (KK, KTP, death certificate, marriage certificate, land certificate).

3. Draft a Statement of Heirs signed by the family.

4. File an Application for Determination of Heirs at the Religious Court.

5. Attend the hearing + bring 2 witnesses.

6. After the Decree is issued, proceed to:

   • Transfer the title (Balik Nama) of the certificate (if you wish to sell).

   • Or proceed directly to the sale and purchase process with the Land Deed Official (PPAT).

You will not be deemed an illegitimate heir as long as the evidence shows that, despite the name difference, the identity refers to your father.