Peran Notaris dalam Memberikan Penyuluhan Hukum terkait Legitime Portie dalam Pembuatan Akta Hibah dan Akta Wasiat menurut Hukum Waris Barat (Studi Kasus Notaris X dan Y di Surabaya)
RIANVI GIOVANI, Alfatika Aununella Dini, S.H., M.Kn., Ph.D
2022 | Tesis | S2 Magister Kenotariatan
The purpose of this study is to find out and examine the role of Notary in providing legal counseling related to legitime portie in drafting grant deeds and will deeds and to find out and review the role of the Surabaya Regional Supervisory Council in ensuring that Notary in their area to carry out their positions by providing legal counseling to their clients. This research is a type of empirical juridical legal research with a case study approach. The data used are primary data and secondary data derived from primary and secondary legal materials. Primary data collection method used interview and the tool of interview guidelines and secondary data used documentation method and the tool of documentation study. Data analysis uses descriptive analysis with a qualitative approach.
According to the results of research and discussion, Notary in drafting authentic deeds have the authority regulated by Article 15 paragraph (1) of the UUJNP. Legal counseling conducted by a Notary is to provide knowledge to parties who need Notary services related to making authentic deeds. In practice, Notary in terms of conducting legal counseling, conveys legal choices regarding what is the will of the parties, and then the Notary provides a legal opinion regarding the deed to be made. Notary is only responsible for the outward truth and legal correctness of a grant deed and will. In carrying out their position, Notary is supervised by the Notary Supervisory Council in the area of their office. The role of the Notary Supervisory Council is to supervise the Notary, so that the Notary when carrying out their duties and positions does not deviate from the authority and does not violate the rules in the applicable Law. MPD Surabaya does not supervise or provide specific advice regarding the provision of legal counseling by Notary in drafting partij acte deeds.
Kata Kunci : Notaris, Hibah, Wasiat, Legitieme Portie, Majelis, Pengawas