Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

Rosalinda, Fitria; Aminah, Aminah

doi:10.37276/sjh.v5i1.269

Cited by 3 publications

(2 citation statements)

References 13 publications

Supporting

Mentioning

Contrasting

Order By: Relevance

“…Every agreement, including the sale and purchase of ships, embodies a legal dimension wherein both parties must fulfil their rights and obligations. These rights and obligations ensure that each party meets its responsibilities under what has been agreed upon, minimizing the potential for disputes or injustices that may arise (Rosalinda & Aminah, 2023).…”

Section: Resultsmentioning

confidence: 99%

Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Ibrahim,

Sitorus,

Rifai

2023

sjh

View full text Add to dashboard Cite

This research aims to discern and analyze the legal repercussions of selling and purchasing ships over GT-7 size without authentic deeds. This research uses an empirical legal research method. All collected data is then qualitatively analyzed to describe the problem and answer the research objectives. The results show that the preference of the North Morowali community leans more towards the use of receipts as evidence of the sale and purchase of ships over GT-7 size, compared to the formal mechanism of a deed of sale and purchase executed before a Notary. As a result, five ships over GT-7 size operate without Port Clearance, which inevitably places the ship’s captain in a vulnerable position regarding criminal punishment: a maximum imprisonment of five years and a fine of up to IDR 600,000,000. Furthermore, the sale and purchase of ships over GT-7 size without authentic deeds have also resulted in ownership disputes among the local community, as the gross deed of ship registration still lists the previous owner’s identity. Therefore, several recommendations can be proposed to the relevant stakeholders. First, the Harbor Master of Kolonodale Port should conduct intensive socialization regarding the importance of the deed of sale for ships over GT-7 size executed before a Notary. This socialization aims to ensure the clear legal status of ships, raise public awareness about safety and seaworthiness, and prevent potential criminal punishment risks for the captain. Second, as Government Officials, the Ship Registration Officer and Ship Name Transfer Recorder should collaborate with legal institutions to review ships operating in Indonesian waters without Port Clearance. Lastly, Law Enforcement should adopt a mediation approach in resolving ship ownership disputes, prioritizing aspects of justice and truth, thereby preventing further losses for the Northern Morowali community.

show abstract

Section: Resultsmentioning

confidence: 99%

Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Ibrahim,

Sitorus,

Rifai

2023

sjh

View full text Add to dashboard Cite

show abstract

“…According to Article 1886 of the Civil Code, an authentic deed not only presents outward evidentiary strength covering formal and material aspects but also guarantees the validity of the agreement's content without requiring additional proof. Regarding the legal framework, an authentic deed is treated as a highly credible source of evidence that does not need confirmation or reaffirmation through other means of proof (Rosalinda & Aminah, 2023).…”

Section: The Legal Force Of Authentic Deedmentioning

confidence: 99%

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

Dongoran,

Aminah

2024

AIJIH

View full text Add to dashboard Cite

This study aims to delve deeper into the dynamics between obligations arising from contracts and laws and the role of authentic deeds, as well as to explore the implications of the legal force inherent in each element in establishing and maintaining an obligation. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that legal obligations can be formed through various mechanisms, including contracts, laws, and authentic deeds. A contract, which can be either a written or oral agreement, creates a legal bond between the parties, with its legal force depending on the fulfilment of established legality conditions. Laws, as regulations made by the government, establish rights and obligations that are generally applicable and binding for all citizens, including in the context of legal obligations. Meanwhile, an authentic deed created by a notary offers a higher level of legal certainty than ordinary contracts due to its inherent evidentiary power and legal recognition. Therefore, it is recommended that parties in an obligation carefully consider the type of agreement to use in line with the complexity and legal needs of the obligation. Written or oral contracts may suffice for simple transactions or agreements, which meet all required legality conditions. However, for more complex obligations or those requiring high legal certainty, such as property transactions or significant business agreements, it is highly advisable to use an authentic deed prepared and authenticated by a notary. Choosing the appropriate obligation mechanism will ensure the legality and legal force of the agreement and provide better protection for all involved parties against potential disputes in the future.

show abstract

The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

Adam,

Purba,

Suprayitno

et al. 2024

sjh

View full text Add to dashboard Cite

This research aims to comprehensively examine the juridical implications of fingerprint forgery as a substitute for signatures in authentic deeds and analyze the judicial considerations in handling such cases, using Decision Number 87/Pdt.G/2014/PN.Kpn as a case study. This normative legal research utilizes a statutory approach and a case study approach. Data analysis employs a qualitative content analysis to describe the problem and answer the research objectives. The results show that fingerprint forgery in authentic deeds has multidimensional legal consequences, covering civil, criminal, and administrative law aspects. In civil law, such a deed has the potential to be null and void due to a defect in the element of consensus, which results in the invalidity of the transfer of rights. From a criminal law perspective, this act constitutes the crime of document forgery. Meanwhile, notary publics or land deed officials involved or who are negligent may be subject to administrative sanctions. The analysis of Decision Number 87/Pdt.G/2014/PN.Kpn shows that the judicial considerations were based on the principles of legal certainty, justice, and benefit while emphasizing the importance of due diligence, integrity, and professionalism, especially for Land Deed Officials in carrying out their duties and functions to ensure the validity and authenticity of authentic deeds.

show abstract

Legal Consequences of Violating the Obligations of Prospective Intern Notary: A Study of Legislation

Cited by 3 publications

References 13 publications

Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Sale and Purchase of Ships over GT-7 Size without Authentic Deeds in North Morowali Regency

Obligations Arising from Contracts and Laws and Their Relationship with Authentic Deeds

The Legal Consequence of Fingerprint Forgery Substitute for Signature in Authentic Deed

Contact Info

Product

Resources

About