An Affidavit of Surviving Spouse is a critical legal instrument within Indonesia's complex legal framework that combines civil, Islamic, and customary law systems. This document is required when a spouse passes away and the surviving spouse needs to establish their legal rights and status for various purposes. The affidavit typically becomes necessary when dealing with property transfers, insurance claims, pension benefits, bank accounts, or other assets that were held by the deceased spouse. It contains detailed information about both spouses, their marriage, and the death of the deceased spouse, all verified by a notary public. The document must comply with Indonesian legal requirements, including proper notarization and witnessing, and may need to address specific religious or customary law considerations depending on the parties' background. The affidavit serves as official evidence of survivorship and is commonly required by various institutions and authorities in Indonesia for processing death-related administrative matters.
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1. Title and Formal Declaration: Formal title of the document and opening declaration statement including the date and location of execution
2. Appearer Information: Full legal name, national ID number (NIK), date of birth, and current address of the surviving spouse making the affidavit
3. Marriage Details: Details of the marriage including date, location, and marriage certificate number
4. Deceased Spouse Information: Full details of the deceased spouse including full name, date of birth, date of death, and last known address
5. Death Confirmation: Statement confirming the death of the spouse, including reference to the death certificate
6. Survivorship Declaration: Formal declaration that the appearer is the surviving spouse and has not remarried
7. Purpose Statement: Statement declaring the purpose for which the affidavit is being made
8. Oath/Affirmation: Formal oath or affirmation of the truth of the statements made
9. Signature Block: Space for signatures of the appearer, notary, and witnesses
1. Islamic Law Declaration: Required when the parties are Muslim, declaring compliance with Islamic inheritance principles
2. Children Declaration: Statement regarding any children from the marriage, required when relevant to inheritance claims
3. Property Declaration: List of joint properties and assets, required when the affidavit is being used for property transfers
4. Prior Marriages Declaration: Statement regarding any previous marriages of either spouse, if applicable
5. Custom Law (Adat) Statement: Required when the parties are subject to specific traditional customary law provisions
1. Marriage Certificate: Certified copy of the marriage certificate (Buku Nikah or Marriage deed)
2. Death Certificate: Certified copy of the death certificate of the deceased spouse
3. Identity Documents: Copies of KTP (National ID) and Family Card (Kartu Keluarga)
4. Property Documents: Copies of relevant property certificates or titles (if applicable for property transfer purposes)
5. Witness Statements: Signed statements from witnesses confirming the facts stated in the affidavit
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