Notary's Responsibility for Wills That Violate the Provisions on the Legitieme Portie of the Heirs

Abstract

This study aims to analyze the provisions for making a will by a Notary if the testator still has absolute heirs, analyze the Notary's Responsibility for wills that violate the absolute share (legitieme portie) of the heirs and analyze examples of wills made by Notaries by paying attention to the absolute share (legitieme portie) of the heirs. The type of research used in this study is normative research using a statute approach. The data sources in this study are secondary data obtained through case studies and literature studies. The data obtained were analyzed using qualitative methods. The results of this study indicate that wills are regulated in Article 875 of the Civil Code, the making of wills by Notaries is guided by Article 938 and Article 939 of the Civil Code, UUJN Article 16 Paragraph (1) and Article 17 Paragraph (1), and the Notary Code of Ethics Article 4, the appointment of heirs through wills cannot ignore the absolute share of the legitimaris as regulated in Article 913 of the Civil Code and Article 914 of the Civil Code. The Notary's responsibility for wills that violate the absolute rights (legitieme portie) of heirs includes civil law, wills that conflict with the provisions of legitieme portie constitute a violation of the objective requirements for the validity of legal acts so that they can be declared null and void. Notaries can be held accountable through a lawsuit for unlawful acts based on Article 1365 of the Civil Code. In addition, Notaries are also professionally responsible because they are obliged to carry out their positions in accordance with the Notary Law and the Notary Code of Ethics.