Pertanggungjawaban Notaris Dalam Penyisipan Klausul Pelepasan Gugatan Notaris Atas Akta Yang Dibuatnya

Kosuma, Indah Permatasari

doi:10.20473/ntr.v4i1.25297

Cited by 3 publications

(4 citation statements)

References 5 publications

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“…In this case, the Notary acts as a legal service provider, and the client is an individual or legal entity receiving legal services from the Notary. The rights and obligations arising from the relationship between the Notary and the client are as follows (Kosuma, 2021):…”

Section: Implementation Of Article 9 Paragraph (1) Letter D Of Law Nu...mentioning

confidence: 99%

Implementation of Article 9 Paragraph (1) Letter D of Law Number 2 of 2014 Regarding the Position of Notaries (A Study in West Lombok Regency)

2024

JLPG

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This research discusses the implementation of Article 9 Paragraph (1) letter d concerning official violations and the Notary Code of Ethics according to Law Number 2 of 2014 concerning the position of Notary, and the efforts of the Notary Supervisory Council in order to minimize violations committed by Notaries. The type of research used is empirical legal research with a statutory approach, conceptual approach and sociological approach. Data collection techniques use interview techniques and data analysis by analyzing the application of law by grouping data obtained empirically, and by deductive conclusions. Based on the research results, it is known that the implementation of Article 9 paragraph (1) letter d UUJN is based on the results of the examination trial decision. Based on data obtained during 2017-2023, there were 4 cases of West Lombok Regency Notaries committing violations, which were predominantly violations of obligations. Most sanctions are given in the form of written warnings by MPWN NTB. It was also found that the number of Notarial deeds with legal problems from 2012-2023 was 19 deeds. Efforts made by the Notary Supervisory Council in order to minimize violations committed by Notaries are by increasing supervision, in the form of preventive, curative and coaching supervision, as well as provision.

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Section: Implementation Of Article 9 Paragraph (1) Letter D Of Law Nu...mentioning

confidence: 99%

Implementation of Article 9 Paragraph (1) Letter D of Law Number 2 of 2014 Regarding the Position of Notaries (A Study in West Lombok Regency)

2024

JLPG

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“…Then in another type, namely the deed of partij or commonly called the deed of the parties, is a deed or agreement written in front (ten everstaan) of the Notary as a public or public official, which is something written at the same age as the information or what the parties who come to the Notary itself. 19 In the context of the deed of the parties as explained in the previous paragraph, from the context of the position or side of the Notary as a public or public official it is only limited to a neutral party or a party who only stands in the middle between the parties and expresses the wishes of the parties in a deed of authentic strength. This authentic power is also intertwined with the power of proof in a court process in the event of a dispute, because the deed with authentic strength is considered true without rebuttal.…”

Section: Notary Liability Waiver Clause In the Deed As Notary Protect...mentioning

confidence: 99%

“…G.H.S. Lumban Tobing, Notary Office Regulations (Surabaya: Erlangga, 2001) 19. Oemar Moechthar, Basics of Deed Making Techniques (Jakarta: Airlangga University Press, 2017) 20.…”

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Legal Consequences of not Attaching Fingerprints to Minuta to Notary Deed

Maliha,

Effendy,

Gozali

2023

IJSSHR

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An authentic deed drawn up by a Notary as a general or public official becomes very important and is needed by parties as appearers. One of the Notary's obligations regulated in Article 16 (1) c explains that the Notary is obliged to attach letters and documents as well as the fingerprints of the person appearing on the Minuta Deed. However, what becomes a legal issue in this scientific research article is what if the appearer does not want to affix or attach his fingerprints to the minutes of the deed because Article 16 (1) c still contains a vague norm. So that the purpose of this scientific research article is to analyze whether the Notary is personally responsible for not including fingerprints at the request of the appearer and whether not including the fingerprints of the appearer in the minutes results in the position of the notary deed as an authentic deed. The method in this scientific research article uses the method of normative legal scientific research articles. The results of the analysis of this scientific research article show that first, not attaching or affixing the appearers fingerprints to a minutes of notary deed based on the request of the appearer itself remains the responsibility of the notary. Second, not affixing the fingerprints of the appearer on the minutes of the Notary Deed theoretically does not have any effect on the validity, but based on the evidentiary side this can be a consideration for the judge to then abort the minutes of the Notary deed under the hand. So, it is necessary to revise the provisions related to fingerprints in the Notary Law with the aim of clarifying and it becomes necessary to explain in more detail and detail the mechanism of affixing or attaching fingerprints to the minutes of notary deed.

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“…An example of a notary's self-protection clause, which is usually included in a deed, especially in a party deed (partij), is as follows: "Furthermore, the appearers explained that they had understood, understood and accepted and agreed to all the contents of this deed so that if in the future there are objections or disputes by the parties themselves or from other parties regarding the making of this deed, then it becomes the personal responsibility of the parties, and free me, the Notary and the witnesses who co-signed this deed from all lawsuits (Kosuma, 2021)".…”

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confidence: 99%

The validity of the notary's self-safety clause in the notary deed

Budiman

Kinasig²,

Pangandaheng³

et al. 2022

J. Cakrawala Huk.

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The results of this study show that the self-security clauses listed by the notary in the deeds did not violate the provisions of laws and regulations, especially the UUJN. That is, the clause is validly stated on the condition that the notary lists the clause based on the statements of the complainants and that the statements or statements and supporting documents as a reference for making a notarial deed are valid, so if in the future it is known that there are wrong things, then the notary can use the clause as a form of effort to secure themselves or as a form of notarial resistance if the notary is used as a witness, the suspect/defendant, the defendant/co-defendant because of the deed he made. Juridically, the notary's self-protection clause does not have the legal force to bind third parties such as prosecutors, public prosecutors, or judges, so the clause cannot provide legal immunity for the notary if the notary can indeed be proven guilty in advance of the court. The clause only applies to notaries who have carried out the position's duties, especially in doing deeds by the provisions of the UUJN and laws and regulations.How to cite item: Budiman, N., Kinasig, N.M.A.S., Pangandaheng, T.M.C., Nada, A.Q., (2022). The validity of the notary's self-safety clause in the notary deed. Jurnal Cakrawala Hukum, 13(3)300-307. doi:10.26905/idjch.v13i3.8616.

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Pertanggungjawaban Notaris Dalam Penyisipan Klausul Pelepasan Gugatan Notaris Atas Akta Yang Dibuatnya

Cited by 3 publications

References 5 publications

Implementation of Article 9 Paragraph (1) Letter D of Law Number 2 of 2014 Regarding the Position of Notaries (A Study in West Lombok Regency)

Implementation of Article 9 Paragraph (1) Letter D of Law Number 2 of 2014 Regarding the Position of Notaries (A Study in West Lombok Regency)

Legal Consequences of not Attaching Fingerprints to Minuta to Notary Deed

The validity of the notary's self-safety clause in the notary deed

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