LEGAL DUE TO ADVANTAGE WITHOUT NOTARY NOTARY DECLARED FROM ISLAMIC LAW COMPILATIONS AND CODE OF CIVIL LAW

Authors

  • Taufiqurohman Taufiqurohman

DOI:

https://doi.org/10.30659/sanlar.2.4.704-712

Abstract

Based on the description above, the objectives of this study are: to find out and explain wills without a Notary Deed in view of the KHI and the Civil Code; To find out and explain the similarities and differences of wills without a Notary Deed in view of the KHI and the Civil Code. The research approach used is normative juridical.

The results obtained in this study are the legal consequences of wills without a notary deed, making the will prone to lawsuits from interested parties because the evidence is not strong enough and there is no legal certainty. By law, if a will is made without a notary deed or a testament under hand, the will cannot provide a guarantee of legal certainty because it can be canceled unilaterally. According to the Civil Code, wills can be revoked and can be canceled or canceled. As for the revocation of a will according to the KHI, among others, is regulated in Article 199. There are three ways to revoke a will according to the Civil Code, namely explicit revocation, secret revocation and revocation due to exile.

Keywords: Legal Consequences, will, notary deed, compilation of Islamic law, civil law

Published

2021-03-11

Issue

Vol. 2 No. 4 (2020): December 2020

Section

Articles

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