The Authority of Judges in Assessing the Validity of Deeds of Wills Made by Foreign Officials

Abstract

This study aims to analyze the authority of Indonesian judges in assessing the validity of wills made by foreign officials abroad and the legal consequences if the deed is declared invalid. The case is based on the illustration of Mr. Agus, an Indonesian citizen residing in the Netherlands and making a will before a Dutch notary by appointing his adopted son, a Dutch citizen, as the sole heir, without listing his biological children in Indonesia. The research method used is normative juridical with a statutory approach and case studies, through analysis of primary, secondary, and tertiary legal materials. The results show that Indonesian judges have full authority to assess the validity of foreign wills if the object of inheritance is located in Indonesia. If declared invalid, the deed loses its evidentiary force and inheritance is carried out based on the ab intestato system according to the Civil Code. The legal implication that arises is the exclusion of the rights of the beneficiary of the will (adopted son) because it does not meet the provisions of national law. This study emphasizes the need to harmonize national law with the principles of international civil law to provide legal certainty in cross-border inheritance cases.