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Journal : TABELLIUS

Implementation of the Principle of Legal Certainty in the Making of Marriage Agreement Deeds by Notaries Nugroho, Raditya Rizki; Wahyudi, Trubus
TABELLIUS: Journal of Law Vol 3, No 1 (2025): March 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

 Abstract. This study aims to analyze: 1) The implementation of the principle of legal certainty in the making of a marriage agreement deed by a Notary aims to provide legal guarantees for the husband and wife and third parties. This agreement must be made in the form of a notarial deed before the marriage takes place in order to have binding legal force. The Notary's role is to ensure that the agreement is in accordance with the provisions of the law, does not cause ambiguity, and is registered at the Civil Registry Office in order to strengthen legal protection. In addition to guaranteeing the rights and obligations of the couple, the application of the principle of legal certainty also prevents potential disputes and ensures transparency in the management of marital assets. Thus, the existence of a marriage agreement deed contributes to justice, legal security, and order in the marriage legal system in Indonesia. marriage in Indonesia. 2) The legal consequences of the application of the principle of legal certainty in the making of a marriage agreement deed by a Notary are that with the existence of a marriage agreement made in the form of an authentic deed and officially registered, legal certainty regarding ownership and management of assets in the marriage can be guaranteed. The Notary plays an important role in ensuring that the agreement is made in accordance with applicable legal provisions, so that it has binding legal force and can be used as valid evidence in the judicial process. In addition, the application of the principle of legal certainty in a marriage agreement also functions as preventive and repressive legal protection. Preventively, this agreement helps prevent potential disputes regarding property in marriage, while repressively, this agreement provides a strong legal basis for resolving conflicts in court if violations or disputes occur.Keywords: Marriage Agreement Deed; Notary; Principle of Legal Certainty.
Legal Implications of Determining Heirs Without a Certificate of Heirs (Study of Bogor District Court Decision No: 147/Pdt.G/2017/Pn.Bgr) Timbul, Jonatan; Wahyudi, Trubus
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study discusses the legal implications of determining heirs without a Certificate of Inheritance (SKW) by studying the Bogor District Court Decision No. 147/Pdt.G/2017/PN.Bgr. The main focus of the study is legal protection for heirs who do not have a SKW in applications for inheritance determination through the court and its impact on the legal certainty of inheritance. The study uses a normative juridical method with a case analysis approach, based on studies of court decisions, laws and regulations. legislation (Civil Code, judicial regulations, and land regulations), Compilation of Islamic Law, as well as the doctrines of inheritance law experts, legal certainty, and legal protection. The results of the study indicate that legal protection for heirs without a SKW can still be realized through the mechanism of determining heirs by the court, as long as the inheritance relationship is materially proven through written evidence, witnesses, and confessions of the parties which are then formalized in a decision or deed of reconciliation. The court's decision in Decision No. 147/Pdt.G/2017/PN.Bgr functions functionally to replace the SKW because it explicitly determines the identity of the heir, the list of heirs, and their position regarding the inheritance so that it can be used as an administrative basis before third parties such as banks and the National Land Agency. From the perspective of legal certainty, this judicial path is able to provide certainty comparable to the existence of the SKW, but at the same time raises normative challenges in the form of potential disparities in assessments and standards of proof between courts if not followed by uniform guidelines.