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Indonesian Notary

Abstract

Article 945 of the Civil Code states that Indonesian citizens abroad may not make a testament except with an authentic deed and comply with formalities in the country where the deed is made. It implies these formal requirements determine its validity. A testament in form of an authentic deed is not an obligation, but rather an option. The case involved 2 (two) testaments, one was made before a Notary before marriage, other was made in the United States after marriage. Testamentary heir of both testaments clashes. The article analyzes evidentiary strength of testament made by Indonesian citizens abroad, as well as the legal consequences of judge's considerationconcerning the testament and testator's inheritance. The article was prepared using doctrinal research methods. In an inheritance conflict with foreign elements, Private International Law’s principles are worth considering. When a testament is not made authentically, one may refer to the Civil Procedure Law which recognizes evidentiary strength of privately made deeds. Judge’s consideration only refers to the Civil Code, hence the testator's final testament is deemed invalid and object of inheritance does not pass to appointed heir according to the final testament. This incident weakens the testament rights of Indonesian citizens residing abroad.

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