Journal of Legal, Ethical and Regulatory Issues (Print ISSN: 1544-0036; Online ISSN: 1544-0044)

Abstract

Legal Ratio of Reporting of a Deed of Testament by a Notary to the Department of Wills Central Registry of the Ministry of Law and Human Rights of the Republic of Indonesia

Author(s): I Nyoman Putu Budiartha, I Nyoman Alit Puspadma

A testament is one way to obtain a disposition of inheritance with a deed of will that shall be made before a Notary Public and shall be reported by the Notary to the Department of Wills Central Registry within the period between the 1st to the 5th of the following month. However, a problem arises when the problem of a will maker passed away long before the will is reported, so that the Certificate of Inheritance Rights does not include the name of the heir through ad-testamento, as it is explained in a letter from the Civil Director that the will is not registered. Addressing this phenomenon, this study highlights these issues: (1) What shall be the urgency of the legal regulatory on a reporting of a deed of will to the Department of Wills Central Registry? (2) What are the legal consequences for the community if the will is not reported to the Department of Wills Central Registry? Reviewing these two problems, this study was conducted using primary and secondary legal materials, and by making use of statute and case approaches. Legal material was analyzed using the concept of responsibility, theories of legal certainty and legal validity with a deductive reasoning method.

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