Obligation to Prove Appearer Document Authenticity  as Deelneming Claim Exception

Budianto, Agus; Sihombing, Jonker; Krissanti, Veronica Dini; Jamin, Silvia; Pramono, Rudy; Purwanto, Agus

doi:10.14505/jarle.v11.3(49).08

“…The use of this research method helps answer and resolve problems in research based on existing legal principles and positive law governing problems in research, as well as several other supporting theories. This form of normative juridical research is intended to identify the making of a Notary deed during the COVID-19 period in Indonesia, the Netherlands, and Belgium (Budianto et al, 2020).…”

Section: Methodsmentioning

confidence: 99%

Comparison of notary deed in Indonesia, Netherlands, and Belgium during the COVID-19 pandemic

Humaira

¹

,

Latumeten

²

2022

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This study aims to compare the making of a notary deed during the Covid-19 period in Indonesia, the Netherlands and Belgium. Normative juridical law research is the method employed in this research. Analytical descriptive was further also utilized, while the data collection technique used is literature study. The results of the study indicated the importance of changes to Law Number 30 of 2004 concerning Notary Positions as amended by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions ("Notary Position Law") in connection with by making an authentic deed which is carried out without physical presence, which facilitates Notaries to carry out their positions in times of emergency such as the current Covid-19 as the Netherlands and Belgium have fulfilled the element of legal expediency by enacting the Covid-19 Temporary Law ("Dutch Covid-19 Temporary Act") in the Netherlands. The Netherlands Covid-19 Temporary Act makes it possible to make a notarial deed without physical presence or to do it virtually. Meanwhile, in Belgium, a digital power of attorney has been implemented by The Royal Federation of Belgian Notaries and the Minister of Justice.

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“…The use of this research method is helpful in answering and resolving problems in research based on existing legal principles and positive law governing problems in research, as well as several other supporting theories (Purwanti & Wasman, 2014). This form of normative juridical research is intended to identify the making of a Notary deed during the Covid-19 period in Indonesia, the Netherlands, and Belgium (Budianto et al, 2020).\…”

Section: Methodsmentioning

confidence: 99%

Policy of notary deed in Indonesia, Netherland, and Belgium during the Covid-19 pandemic

Humaira¹,

Latumeten²

2022

JPPI

1

0

View full text Add to dashboard Cite

This study aims to compare the making of a notary deed during the Covid-19 period in Indonesia, the Netherlands and Belgium. Normative juridical law research is the method employed in this research. Analytical descriptive was further also utilized, while the data collection technique used is literature study. The results of the study indicated the importance of changes to Law Number 30 of 2004 concerning Notary Positions as amended by Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Positions ("Notary Position Law") in connection with by making an authentic deed which is carried out without physical presence, which facilitates Notaries to carry out their positions in times of emergency such as the current Covid-19 as the Netherlands and Belgium have fulfilled the element of legal expediency by enacting the Covid-19 Temporary Law ("Dutch Covid-19 Temporary Act") in the Netherlands. The Netherlands Covid-19 Temporary Act makes it possible to make a notarial deed without physical presence or to do it virtually. Meanwhile, in Belgium, a digital power of attorney has been implemented by The Royal Federation of Belgian Notaries and the Minister of Justice. The authors conclude that in Indonesia, the law regarding the position of a notary does not yet recognize virtual meetings but requires the making of a notary deed through parties who are directly related to a notary, while the Netherlands had previously implemented a rule that the making of a deed could be done using a two-way audiovisual communication facility for the prevention of COVID-19 and Belgium had implemented a digital power of attorney to make it easier for parties to use the service from a notary.

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“…Article 48 of the Notary Office Law Number 30 of 2014 paragraph (1) explains that it is prohibited to change the contents of the deed by: replacing, adding, crossing out, inserting, deleting; and/or overwritten. In paragraph (2) it is explained that changes to the contents of the Deed in paragraph 1 letters a, b, c, and d can be made and valid if the changes are initialed or given other s a validation signs by the appearer, witness, and Notary. Violation of paragraphs 1 and 2 results in a deed only having the strength of proof as a private deed and can be a reason for parties who suffer losses to demand reimbursement of costs, compensation and interest from a notary, and in Article 48 (3) of the Law -Notary Office Law Number 30 of 2014 also explains that violations of the provisions referred to in paragraphs ( 1) and ( 2) result in a deed only having the power of proof as a private deed and can be a reason for the party suffering a loss to demand reimbursement of costs , compensation and interest to the notary.…”

Section: Legal Uncertainty In Protecting Notaries Against Notary Posi...mentioning

confidence: 99%

Legal Protection for Notary That Doesn't Attach Letter and Document to Minuta Deed

MICHAEL WENATA DELAFARE et al.

2023

RLJ

0

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The absence of norms regarding the strength of proof of deeds made by or before a Notary without letters and documents attached to the Minutes of the Deed, can cause legal problems. There are times when in the judicial process law enforcers question the basis of a notary in making a deed if there are no letters and or documents attached to the minutes of the deed concerned. Sociologically, the fact that minutes of deeds are kept without a letter or other document attached, has a tendency to be questioned by the parties to the dispute. For example, there is no sale and purchase receipt attached to the Minutes of the Sale and Purchase Binding Deed, or no photocopies of ID cards, KK from the parties. Philosophically, the Notarial Deed is an authentic evidence tool that contains the will, information and data from the subject and object in the deed. Legal actions contained in a notarial deed are not legal actions from a notary, but legal actions that contain actions, agreements and stipulations from the party requesting or wanting their legal actions to be stated in an authentic deed. So it is the parties to the deed that are bound by the contents of an authentic deed. A notary is not a craftsman making deeds or a person who has a job making deeds, but a notary in carrying out his/her duties is based on or equipped with various legal knowledge and other sciences that must be mastered in an integrated manner by a notary and deeds drawn up before or by a notary have a position as a tool proof. Notaries must be careful (Article 16 (1) a UUJN No. 2 of 2014) in keeping the minutes of the deed. The mechanism for storing Minuta Deeds is precisely not regulated in detail in UUJN No. 2 of 2014. In fact, the general regulations regulate the position of copies of Deeds when the Minuta Deeds are destroyed. The copy of the Deed still has perfect and binding evidentiary power when the Minuta Deed is destroyed (Article 1889 of the Civil Code). The validity of the copy of the Deed must first meet the requirements which can be seen from the words of the verses.

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Obligation to Prove Appearer Document Authenticity as Deelneming Claim Exception

Cited by 5 publications

References 0 publications

Comparison of notary deed in Indonesia, Netherlands, and Belgium during the COVID-19 pandemic

Comparison of notary deed in Indonesia, Netherlands, and Belgium during the COVID-19 pandemic

Policy of notary deed in Indonesia, Netherland, and Belgium during the Covid-19 pandemic

Legal Protection for Notary That Doesn't Attach Letter and Document to Minuta Deed

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