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| Jenis | : |
KKM
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| Judul | : |
PENERAPAN PENGIRIMAN AKTA WASIAT DAN IMPLIKASINYA TERHADAP KEABSAHAN AKTA DAN PENERIMA WASIAT (Studi Putusan Nomor: 218/Pdt.G/2021/PN Dps)
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| Subjek | : |
Inheritance and succession
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| Pengarang | : |
Setiya Megawati Dewi
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| Pembimbing | : |
Tri Lisiani Prihatinah,
Tedi Sudrajat
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| Prodi | : |
ILMU HUKUM S2
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| Tahun | : |
2024
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| Call Number | : |
346.052 DEW p
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| Perpustakaan | : |
Fakultas Hukum
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| Letak | : |
1 eksemplar di Koleksi Referensi
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Abstrak :
The notary is obliged to send the deed of will to the Central Register of
Wills at the Ministry of Law and Human Rights in accordance with the provisions
of Article 16 paragraph (1) letter j UUJN. The obligation to send is realized in the
form of reporting a will contained in the provisions of Articles 2 and 3 of
Permenkumham Number 60 of 2016. In practice, there are still many who do not
heed these provisions, one of the real cases is in Decision Number:
218/Pdt.G/2021/PN Dps Notary Eddy Nyoman Winarta/Co-Defendant 1 failed to
report Will Deed Number: 23 dated 11 July 2017 which resulted in Bank BCA
sub-branch office (KCP) Sanur Raya/Defendant refusing to disburse the funds on
the grounds of adhering to the principle of banking prudence. This research aims
to analyze the application of sending a will by a notary and the legal implications
for the validity of the deed and the recipient of the will.
The type of research used is normative juridical. The approach methods
used are the statutory approach, case approach and conceptual approach. The
research specifications used are descriptive in nature. The data sources used in
this research are secondary data in the form of primary, secondary and tertiary
legal materials. The data collection method in this research uses library research
with the data presentation method presented in the form of narrative text
descriptions arranged systematically. The data analysis method in this research is
normative qualitative using grammatical and systematic interpretation methods.
Based on the results of research, the application of sending a Will Deed by
a Notary is carried out by reporting the will to the Central Register of Wills which
is done electronically via the official website of the Director General of AHU,
Ministry of Law and Human Rights within a period of no later than 5 (five) days
in the first week of each following month in accordance with the notary's
obligations. in Article 16 paragraph (1) letter j UUJN and procedures for
reporting wills in Articles 2 to Article 11 of Permenkumham Number 60 of 2016.
Notary Eddy Nyoman Winarta's failure as Co-Defendant I to report Deed of Will
Number: 23 dated 11 July 2017 is evidence It is clear that the delivery of the will
by the notary was not implemented, and for this action he may be subject to
administrative sanctions in Article 16 paragraph (11) UUJN in the form of a
written warning, temporary dismissal, honorable dismissal or dishonorable
dismissal.
Legal Implications for the Validity of the Deed and the Beneficiary of the
Will based on Decision Number: 218/Pdt.G/2021/PN Dps, namely Deed of Will
Number: 23 dated 11 July 2017 made in the presence of Eddy Nyoman
Winarta/Defendant I is valid and has legal force. The plaintiff is entitled to the
disbursement of the testamentary assets in the form of time deposits and savings
deposits stored at Bank BCA Sanur Raya sub-branch office (KCP) by means of
Decision Number: 218/Pdt.G/2021/PN Dps as the basis for reporting the post-
judgment will to the Ministry of Law and Human Rights as the authorized party
can issue a registered certificate as a basis for disbursement of probate assets.
Keywords: Delivery of the will, Implications, Validity of Deeds
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