Kewenangan Notaris dalam Membuat Akta Keterangan Waris bagi Para Pihak yang Berdomisili di Luar Tempat Kedudukan Notaris

Abstract

This thesis aims to determine the authority of a Notary in the making of inheritance certificate deeds for parties who live beyond the Notary's place of residence. The problem formulated in this research is first, how to implement Article 111 of the ATR/BPN Ministerial Regulation Number 16 of 2021 on the third amendment to PMNA/Ka BPN Number 3 of 1997 on Provisions for Implementing Government Regulation Number 24 of 1997 on Land Registration, second. What is the authority of a Notary in making an Inheritance Deed after the issuance of ATR/BPN Ministerial Regulation Number 16 of 2021 on the third amendment to PMNA/Ka BPN Number 3 of 1997 on Provisions for Implementing Government Regulation Number 24 of 1997 on Land Registration. The type of this research is normative legal with statutory and conceptual approaches. The results of this research indicate that first, the implementation of changes to Article 111 of the ATR/BPN Ministerial Regulation Number 2021 has had an impact on eliminating discrimination related to making land certificates for Indonesian citizens, and inheritance certificates can be made by Indonesian citizens to a notary in order to apply for inheritance. land certificate at the National Land Agency. Second, the authority of the Notary in making Inheritance Certificate deeds for all Indonesian citizens where the heir passed away at the Notary's place of domicile, the deed made by the Notary is a party deed (partij act) namely a statement of inheritance and an inheritance certificate Deed, has restrictions on the Notary's making the inheritance information, namely the position of a Notary only where the testator passed away, causes a clash of norms with the Notary's authority to make deeds in a provincial area. The government's suggestion is to provide information to the public that notaries can make inheritance certificate deeds for Indonesian citizens and notaries must be careful in making inheritance certificate deeds so that disputes do not occur in the future and the government can make a policy on order for every heir to be able to make inheritance certificate from all Notaries without exception where the domicile of the heir passed away while the authority of the notary is limited within the province