Principles of Notary Caution in Preparing Inheritance Certificates So That It Eliminates The Position of Legal Heir

Abstract

This study aims to determine and analyze the implementation of the Notary's precautionary principle in making a certificate of inheritance rights so that it eliminates the position of the legitimate Heirs, to determine and analyze the legal responsibility for Notaries if they do not implement the Notary's precautionary principle in making a certificate of inheritance rights so that it eliminates the position of the legitimate Heirs. The approach method in this study is the normative legal approach method. The research specification used is analytical descriptive research. The type of data uses secondary data. Data collection using the library study method. The data analysis method used is qualitative descriptive analysis. The results of the study indicate that the Implementation of the Notary's precautionary principle H.S., S.H., M.Kn. regarding the making of the certificate of inheritance rights Number: W.10.AHU.AHU.1-AH.06.09-318 did not implement the principle of caution as mandated by Article 16 paragraph (1) letter (a) UUJN, the notary should implement the guidelines of the law for each of his obligations to make legal products, the legal consequences of making the SKHW are the neglect of formal and material elements by not requesting KTP and KK documents from the heir because there was already a death certificate and divorce certificate brought by the parties, apart from that Notary H.S., S.H., M.Kn. did not conduct a search for the truth so that a haphazard legal product was formed against other heirs and harmed the interests of the first group of heirs as a result of which the heir's savings funds were successfully disbursed. Legal responsibility for notaries if they do not implement the principle of notarial caution regarding the making of the certificate of inheritance rights in this study Notary H.S., S.H., M.Kn. In fact, in fact, the law can be held accountable in civil and criminal cases for making a certificate of inheritance, but in this study, J.W's legal heirs only demanded the return of the inheritance that had previously been disbursed with a total of Rp. 1,207,196,341.86 (one billion two hundred and seven million one hundred and ninety-six thousand three hundred and forty-one point eighty-six rupiah). The legal consequences of the certificate of inheritance rights Number: l / SKHW / 2021 are null and void because it has eliminated the Plaintiff's position as an heir of the testator so that the form of legal responsibility arising from his actions above is imposed on administrative witnesses and civil sanctions.