LEGAL CERTAINTY OF THE POSITION OF THE EXECUTOR IN THE DEED OF WILL Karti Komalasari, I Nyoman Putu Budiartha, Putu Ayu Sriasih Wesna
Warmadewa University
Abstract
This thesis examines the legal certainty regarding the position of the executor of the will in the will in accordance with the provisions of Article 112 paragraph (1) a point 3 letter b (PMNA/KBPN Number 3/1997) and the legal consequences of the existence of a will. The method used is legal research. normative, Article 1020 of the Civil Code states that: ^If the heir does not appoint people who will act as a substitute for the manager who is unable to attend, then this will be determined by the District Court after hearing the office of the prosecutor^ where there is an empty norm if the executor of the will does not there is a substitute for carrying out the duties as executor of the will. Based on this description, it can be stated that the end of the task of implementing the will contained in the Civil Code is not clear (fuzzy norms). Article 1020 of the Civil Code that to become executor of a will does not need a court order, unless there is no executor of the will then the heirs will discuss to appoint a new executor of the will and if it is not appropriate, a decision will be made by the district court to carry out the implementation as executor of the new will .
Keywords: Legal Certainty, Executing Will, Will Deed.
