Cindy Lumoring, S.H. (2022) Problematika Pembuatan Wasiat Umum oleh Notaris Yang Melanggar Ketentuan Pasal 902 BW. Thesis thesis, UNIVERSITAS AIRLANGGA,.
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Abstract
"An openbaar testament is a will made before a notary in the presence of 2 (two) witnesses. The supervision and presence of a notary is expected to assist and serve the public needing authentic written evidence to comply with the provisions of the applicable laws and regulations. In some inheritance disputes, however, there is a violation of Article 902 BW of an openbaar testament made by a notary. This thesis discusses the legal protection of child from the first marriage against an openbaar testament that violates the provisions of Article 902 BW and the ratio decidendi of a judge's decision on the liability of a notary in an openbaar testament that violates said article. This legal research employed a statutory approach, a case approach, and a conceptual approach. The research results regarding the legal protection of an openbaar testament that violates the provisions of Article 902 BW revealed that it can be cancelled through a lawsuit to the court by the child from the first marriage to request an inkorting of the will to fulfil his share of rights. In addition, the settlement of will disputes can be performed outside the court by means of consultation, negotiation, mediation, conciliation and expert research. The liability of a notary for the contents of the will is not the responsibility of the notary, rather the responsibility of the will appearer himself. Lawsuits against will that violates the share of a child from the first marriage is always compared based on the calculation of several related regulations in order to produce a fair and sound decision on the violation of a will."
| Item Type: | Thesis (Thesis) | |||||||||
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| Additional Information: | KKB KK-2 T.FH.K.24/22 Cin p | |||||||||
| Uncontrolled Keywords: | Openbaar Testament; Notary Deed; Liability | |||||||||
| Subjects: | K Law K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K1000-1395 Commercial law > K1024-1132 Commercial contracts K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence > K(520)-5582 Comparative law. International uniform law > K623-968 Civil law |
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| Divisions: | 03. Fakultas Hukum > Magister Kenotariatan | |||||||||
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| Depositing User: | mat sjafi'i | |||||||||
| Date Deposited: | 07 Oct 2026 07:16 | |||||||||
| Last Modified: | 07 Oct 2026 07:16 | |||||||||
| URI: | http://repository.unair.ac.id/id/eprint/148829 | |||||||||
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