PROBLEMATIKA KLAUSUL DOMISILI HUKUM AKTA NOTARIIL DENGAN KEWENANGAN PENGADILAN NEGERI DALAM SENGKETA WARIS ISLAM (Ditinjau Dari Analisis Empiris Putusan No. 28/Pdt.G/2024/PN.Pbl)

This study examines the issue of including a legal domicile clause in notarial deeds that conflicts with the absolute authority of the court in Islamic inheritance disputes. The problem arises when Muslim parties draw up Inheritance Distribution Agreement Deed No. 2 of 2016, which includes a clause choosing the Probolinggo District Court as the place of jurisdiction, even though based on Article 49 letter b of Law No. 3 of 2006 concerning Religious Courts, Islamic inheritance disputes fall under the absolute jurisdiction of the Religious Court. This empirical juridical research using a judicial case study approach aims to analyze the case resolution process and identify obstacles in determining absolute jurisdiction. Data was collected through literature study, documentation, interviews, and direct observation. The results of the study in case No. 28/Pdt.G/2024/PN Pbl in a lawsuit for unlawful acts but where the object of the dispute was Islamic inheritance showed that the Probolinggo District Court Judges granted the absolute competence exception and declared that they did not have the authority to adjudicate the case. The obstacles identified include: notaries' limited understanding of the absolute jurisdiction of courts, the lack of a structured continuing education system, public ignorance of the legal system, and misinterpretation of the principle of freedom of contract. The study concludes that domicile clauses cannot override absolute jurisdiction because they are ius cogens (mandatory law). There is a need to strengthen the capacity of notaries, raise public awareness, and reinforce regulations regarding the responsibility of notaries to provide accurate legal explanations.