Amad Sudiro
Universitas Tarumanegara, Indonesia

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Validity of a Notarial Deed Containing the Distribution of Inheritance when it Involves Elements of Fraud (Bedrog) Ida Ayu Sri Widari; Amad Sudiro
Journal of Judicial Review Vol. 28 No. 1 (2026): June 2026 (Articles in Press)
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v28i1.12124

Abstract

The distribution of inheritance frequently gives rise to civil disputes, particularly regarding the status of heirs, the proportion of shares, and the objects constituting the estate. To obtain legal certainty, the parties often formalize such agreements in a notarial deed as an authentic deed possessing perfect evidentiary value. However, legal issues arise when the deed is established based on elements of bedrog (fraud), such as the concealment of heirs, falsification of family data, or the provision of misleading information that affects the parties’ consent. This study aims to analyze the legal regulation of bedrog under Indonesian civil law and to examine its legal consequences for the validity of a notarial deed containing the distribution of inheritance. This research is normative legal research with a prescriptive nature, employing statutory and conceptual approaches. Legal materials were obtained through library research and analyzed qualitatively using juridical reasoning. The results of the study indicate that bedrog is regulated under Article 1321 and Article 1328 of the Indonesian Civil Code as one form of defect of consent. Fraud does not render an agreement null and void by operation of law, but places it within the category of voidable agreements (vernietigbaar). In a notarial deed, bedrog does not automatically eliminate the formal authenticity of the deed as long as it is drawn up by an authorized public official and fulfills formal requirements. However, fraud impairs the parties’ consent as the material basis of the deed, so that the aggrieved party may seek annulment through the court. Once annulled, the binding force of the inheritance distribution ceases, and the parties’ rights must be restored proportionally. Bedrog affects the material validity of consent rather than directly negating the formal existence of the notarial deed. Therefore, dispute resolution must balance legal certainty and substantive justice. It is recommended that notaries strengthen the principle of prudence and verification of supporting documents in inheritance matters.