Responsibility of the Heirs for the Submission of Notary Protocol

Abstract

The legal responsibilities of heirs in submitting and storing notary protocols by heirs are complex because they involve various parties, procedures and legal regulations that must be obeyed. Heirs as recipients of the notary protocol have the responsibility to carry out this process in accordance with applicable legal provisions. considering vital documents that record legal actions and written evidence regarding the distribution of inherited assets. Based on this, this study discusses the legal certainty of the position of heirs to the notary protocol in the legal framework in Indonesia, as well as its comparison with regulations in the Netherlands. The research method used is normative legal research with conceptual, statutory and comparative approaches. The results of the study show that the responsibility of the heirs for submitting notary protocols plays an important role in maintaining the continuity of notary practice and providing legal certainty for parties involved in legal actions involving a notary. Although UUJN does not explicitly regulate the obligations of heirs, based on the provisions of UUJN, heirs have a legal obligation to notify the Notary Supervisory Board regarding the death of a notary and submit a notary protocol to the notary receiving the protocol. The main difference between Indonesia and the Netherlands lies in the role of a Junior Notary or Deputy Notary in the Netherlands, who takes over the duties and responsibilities of a deceased notary, eliminating the direct involvement of the heirs in submitting the notary protocol. In Indonesia, the existence of heirs is still important because there is no role for Junior Notaries or Deputy Notaries. However, there is legal ambiguity regarding sanctions for heirs who do not report the death of a notary or do not submit a notary’s protocol, so it is necessary to update the UUJN to provide clarity on this matter.