VIOLATION OF INTERESTS OF RELATED PARTIES IN THE DRAFTING OF A DEED OF TEST BASED ON THE LAW ON THE OFFICE OF NOTARIES

Abstract

Since the Dutch colonial era, the Notary profession in Indonesia has been recognized as a public official who is authorized to render authentic evidence in order to ensure legal certainty in a variety of civil law matters. The obligations of Notaries in the preparation of authentic deeds that are valid, including wills that possess perfect evidentiary power, are regulated by Law Number 30 of 2004 concerning the Position of Notaries. Nevertheless, the practical implementation of the Notary's obligations to act in a trustworthy manner and safeguard the interests of all relevant parties has resulted in legal complications. A wife filed a lawsuit against a Notary for creating a will with the object of joint property without her assent, as was the case in the Case Study of the Decision. Therefore, this investigation examines the potential legal repercussions for the wounded party that may result from the Notary's violation of the interests of the related parties in the process of executing a will. The objective of this investigation is to ascertain the extent to which Notaries violate the interests of their relevant parties and the legal repercussions of these violations in the testament deed they execute. The research is descriptive in nature, and data acquisition is conducted through literature studies and qualitative analysis. This study's conclusion can offer Notaries a comprehensive understanding of the importance of possessing analytical thinking skills that are grounded in relevant legal provisions, as well as the ability to express the wishes of the parties in an authentic deed with precision and prudence