The Position Of The Deed Of Will On Community Property Which Is Made By A Notary
DOI:
https://doi.org/10.29303/prlw.v5i2.7278Keywords:
Deed of Gift of Will, Joint Property, NotaryAbstract
This study aims to analyze the validity of a deed of gift that will be executed by a notary without the consent of the married couple, based on Supreme Court Decision Number 2979 K/Pdt/2019. Additionally, it seeks to assess the inadequacy of the responses provided by the Notary Public regarding the deed of gift of will absent the consent of the married couple. The research methodology employed is normative legal research. The findings indicate that the validity of the deed of gift of will contravenes Chapter 36, Paragraph (1) of Law No. 1 of 1974 concerning Marriage, rendering the deed invalid. Furthermore, due to administrative responsibility, the Notary Public may incur liability for deeds executed negligently.References
Amiruddin and Zainal Asikin, Introduction Method Study Law, Edition Revision, PT. Raja Grafindo Perseda, Jakarta, 2018.
Desi Ariandi, 2022, Role Notary Public In Making Act Agreement Division of Assets Together For Partner Divorce Without The existence of Agreement Marry, https://repository.unissula.ac.id/27122/2/21302000119_fullpdf.pdf , accessed on date September 25, 2024, 15.00 WITA.
M. Natsir Asnawi, 2020, Law Treasure Together Study Protection Law, Review of Norms, Jurisprudence and Legal Reform, Jakarta: Kencana.
Mohammed Idris Ramulyo, Law Marriage, Law Inheritance, Religious Court Law And Zakat According to the Law Islam, Rays Graphics, Jakarta, 2000, p.34. Arifah S. M Aspeke and Akhmad Khisni, The Position of Joint Property in Marriage According to Fiqh and Positive Law of Indonesia and the Practice of Religious Court Decisions a. Khaira Ummah Law Journal Vol. 12. No. 2 June 2017.
Mukti Dawn And Yulianto Ahmad, Dualism Study Law Normative and Empirical, Student Library, Yogyakarta, 2010.
SoerjonoSoekanto, Normative Legal Research, PT. Raja Grafindo The Resurrection, Jakarta, 2006
Subekti, And Tjitrosudibio, Book Constitution Law Civil , Pradnya Paramita, Jakarta, 2003 .
Point Quarterly, 2006, Introduction Law Civil Indonesia, Jakarta : Performance Library .
