Responsibility of the Implementation of a Wills Made by a Notary (Case Study of Civil Cases Number:474/Pdt.G/2012/Pn.Jkt.Sel)

Abstract

Notary Deed is made in accordance with the wishes of the parties concerned to ensure or guarantee the rights and obligations of the parties, certainty, order and legal protection of the parties. Notary Deed in essence contains the truth in accordance with what was stated by the parties facing this issue. The notary has the obligation to include in the deed what is really understood in accordance with the wishes of the parties and read it so that it becomes clear the contents of the deed, including if there is a will made in the form of an authentic deed. The will is a way for the owner of the assets during his lifetime to express his last wish regarding the distribution of his inheritance to the heirs which will take effect after the heir dies. This is interesting to do research with the formulation of the problem: how the legal arrangements in making a will made before a notary public, why it is necessary to designate the executor of the will and what is the legal position of the executor of the will and what is the responsibility of the executor to carry out the contents of the will. The problem approach used is empirical juridical using primary data and secondary data. The results of the study obtained an illustration, that the regulation of wills is made before a notary, in which the notary carries out its authority provisions in accordance with Law No. 2 of 2014 concerning Notary Position. The regulation of wills also cannot be separated from the background of the regulation of inheritance which is fluralism in Indonesia. In the Civil Code, Article 830 to Article 1125 which regulates the position of inheritance, both because of death and with a will. Related to the importance of appointing executors is to maintain the principle of justice for those who are entitled to receive the inheritance so that it is in accordance with the rights of each party. While the legal position of executing wsiat is outside the beneficiary because of the provisions of the law, in the sense of being in accordance with the group of inheritance recipients. Likewise, the responsibility of the recipient of the will must carry out what is contained in the contents of the will, after seeing the obligations that must be completed by the testator. The will of the inheritance must not exceed the right of the recipient of the inheritance because of the provisions of the law or the absolute right of the recipient of the inheritance.