Validity of the Certificate of Inheritance Rights Made by a Notary

Abstract

This scientific paper reviews the position of a Notary in helping to resolve inheritance cases through the preparation of an inheritance statement that reflects the official duties as a factual instrument used to protect the perfection of the inheritance and the use of materials that explain who the heirs are and how much each heir's share is. One of the factual instruments that reports a person as a recipient of inheritance is the Inheritance Deed. An inheritance deed is needed by the recipient of the inheritance in managing the transfer of rights to the inheritance to distribute the inheritance. Inheritance deeds for Indonesian citizens of Chinese (European) descent are made by a Notary, so that the form of the deed can be made in the form of a Partial Deed and an Ambteliijke Deed because both forms of the deed are together forms of authentic deeds that can be made by a Notary and the regulations binding on the making of the deed do not clearly explain the form of an authentic deed that is prioritized for making an Inheritance Deed. Both forms of the Deed also have full checking authority. The inheritance deed corrects the Notary's legal opinion based on the actual legal reality. Although there are no provisions regarding the presence of all recipients of the inheritance, a notary cannot harm the rights and benefits of recipients of the inheritance who do not appear in the deed making process.