Nadia Salsabila

REPORTING OF TESTAMENTARY DEEDS FOR INDONESIAN CITIZENS ABROAD

Introduction

Reporting of testamentary deeds for indonesian citizens abroad. Examine inconsistencies in will reporting for Indonesian citizens abroad. Analyze legal synchronization of regulations and Notary responsibilities for testamentary deeds.

Abstract

This article will discuss the inconsistency of will reporting arrangements for Indonesian citizens abroad. The purpose of this research is to review and analyze the synchronization of Article 11 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 60 of 2016 with Article 8 letter c of the Regulation of the Minister of Foreign Affairs Number 5 of 2018 and to review and analyze the roles and responsibilities of Notaries in reporting testamentary deeds for Indonesian citizens abroad. By using normative juridical research, this research is prescriptive and uses the type of research on the level of vertical and horizontal synchronization. The approaches used by the author are statute approach and conceptual approach. Results of the research, First : The synchronization of the provisions of reporting the will deed for Indonesian citizens abroad is carried out by seeing that the position of Article 8 letter c of the Minister of Foreign Affairs Regulation Number 5 of 2018 is a specificity of Article 11 paragraph (1) of the Minister of Law and Human Rights Regulation Number 60 of 2016. Second: Notaries only have responsibility for the deeds they make or that are presented to them. Therefore, the Notary does not have a direct obligation and responsibility to report on testamentary deeds made by Indonesian citizens abroad.

Review

The article "Reporting of Testamentary Deeds for Indonesian Citizens Abroad" addresses a critical, yet often complex, area of private international law concerning the legal framework for reporting wills made by Indonesian citizens residing overseas. The authors aim to analyze the synchronization between key regulations—specifically Article 11 paragraph (1) of the Regulation of the Minister of Law and Human Rights Number 60 of 2016 and Article 8 letter c of the Regulation of the Minister of Foreign Affairs Number 5 of 2018—and to clarify the roles and responsibilities of Notaries in this reporting process. Employing a normative juridical research methodology, the study is prescriptive in nature, focusing on vertical and horizontal synchronization through statute and conceptual approaches. This establishes the paper's foundation in robust legal analysis, tackling an issue with significant practical implications for legal certainty and citizen rights. The research yields two distinct but interconnected findings that significantly contribute to resolving the identified inconsistencies. Firstly, it clarifies the hierarchical relationship between the pertinent regulations, concluding that Article 8 letter c of the Minister of Foreign Affairs Regulation Number 5 of 2018 functions as a specificity to Article 11 paragraph (1) of the Minister of Law and Human Rights Regulation Number 60 of 2016. This interpretation provides a crucial framework for reconciling potential ambiguities and offers a pathway for coherent application of the law. Secondly, the study precisely delineates the scope of Notarial responsibility, asserting that Notaries are only accountable for deeds they personally create or those presented directly to them. Consequently, the paper explicitly states that Notaries do not bear a direct obligation or responsibility for reporting testamentary deeds executed by Indonesian citizens abroad. These findings provide much-needed clarity for both legal practitioners and Indonesian citizens living overseas, enhancing legal certainty in complex cross-border testamentary matters. While the abstract effectively outlines the problem and provides clear resolutions, particularly regarding regulatory hierarchy and Notary responsibilities, it implicitly raises further questions about the practical implementation of reporting testamentary deeds made abroad. If Notaries do not have this direct obligation, a comprehensive solution to the initial "inconsistency" would ideally elaborate on *which entity* or *process* then bears this responsibility to ensure that wills made abroad are properly reported within the Indonesian legal system. The research's prescriptive nature is well-suited to offer actionable recommendations for this aspect. Overall, this article appears to be a valuable contribution to Indonesian legal scholarship, particularly in the realm of private international law and Notarial practice, by untangling regulatory complexities and defining professional boundaries. It lays a solid foundation for ensuring legal clarity for Indonesian citizens globally.

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