Peranan notaris dalam membuat surat wasiat oleh orang yang cacat secara fisik menurut hukum Islam dan KUH Perdata: Studi di kantor notaris bapak Sja’bany Bachry Kota Malang

ABSTRACT

Everybody wish perfection in its physical to do all of activities, for the example see, listening, conversing, and others. But do not seldom also with its physical handicap which result not function one of pentameter of him, make limited someone to conduct all of activities. However intrinsically each and everyone hold its rights and obligations to do deed of law. According of law everybody is entitled to have its rights, According of law, one’s of the people [do not enabled to take the bit in teeth in executing its rights, various people faction, by Law have been expressed is incompetent," or " less capable" and underage 21 year to do by self deeds of law. So that become constrictor for them to do law action.

This research is represent of empiric or sociology. by using approach qualitative for getting data deskriftif. Source of data is primary data which in the form of result of interview with Notary and also code/law about Notary occupation. While, the interviewer and documentation represent method to collect data. And the Target of this research is to know Notary responsibility in making of made testament by disabled person physically. And also of legal status.

To physical disabled person having symptom less hearing, by olografis testament, this testament have to be written with him, who will leave heritage alones. and the person who less physical directly have to face Notary by making letter which have its own or written in front of Notary, hereinafter have to be delivered to Notary to be kept, this delivery must be done by the maker of testament alone attended by two eyewitness people and delivery of that testament can be done openly and or closed

While to one who defect less eyesight and one who unable to do or palsied hence, so that man have to face Notary to be made testament. With content which pursuant its willingness. this Letter form referred as common/ public testament (testament openbaar). In this case Notary make escrow content matching with willingness of heir. and witnessed by two eyewitness people to be that escrow is validity with rule of applicable law