Suchergebnisse

This research aims to: 1)To know and understand, that notaries who runs the office for public use, in addition to protection by the State, as well as the protection of Indonesian Notary Association and Honorary Council of Notaries; 2) Assess and analyze about a Notary that in using the rights and obligations dissenter contained in the Law on Notary, and legislation more specifically and expressly provides that the Notary concerned shall provide information, and in this case when the Notary the unlock the secrets of (the contents of) the deed; 3)To assess, and to know what are the weaknesses, as well as a solution to the problems in the implementation of legal protection in carrying secret notary office as a notary public.Type of this research is by using a normative juridical approach of the Act (statute approach), Conceptual approach. Legal materials used are the primary law materials, secondary law, and the tertiary law.Based of this study concluded that: 1) Under the provisions of Act No. 2 of 2014, amendments to the Act No. 30 of 2004 Article 4 and Article 16 paragraph (1) letter f, that Notaries have the authority and obligation to keep professional secrecy regarding the Deed and any information obtained in the manufacture of deed and conceal the contents of the deed and he knew a good description of the past, present and future; 2) that the Notary is obliged and has a right of refusal on the confidentiality deed that has been made and all information obtained for a deed in accordance with the oath / pledge of office, unless the law determines the other; and 3) Based on the description of the foregoing in the implementation of the legal protection of notary there are still weaknesses in terms of both implementation and legal certainty. Hope writer immediately formed a legislation or regulation, regulate the enforcement of justice, as well as agencies or other legal institutions.Keywords: Notary; Rights and Obligations of Ingratitude Secrets Office.

Provisions concerning Notary regulated in Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary (hereinafter referred UUJN).[1] In Article 16 paragraph (1) letter (e) states that a Notary UUJN must preserve the confidentiality of all information obtained for a deed in accordance with their oath of office. In facing legal issues, Notary need an organization that can accommodate the aspirations and the problems it faces, so precisely that the Indonesian Notary Association (INI) into an organization that has continuity in carrying out the supervision, guidance and legal protection for a notary.The research objective is to analyze the legal protection of a notary is used as a suspect in the running of their office, to analyze problems and solutions of legal protection against notaries who serve as a suspect in carrying out his duties.The method used in this research is juridical empirical method is a method of legal research that attempts to view the law in terms of real or can be said to see, examine how the workings of the legal community.The results of this study finally provides an answer that before a notary dragged to criminal law to the case of giving false testimony, the investigator must know what the principal case of the case. Due to lack of caution can make Notary as a suspect. Notaries in carrying out its duties merely formal and only constantire wishes of the parties and then poured into deed. Because there is one of the aggrieved party in the matter and notary asked by investigators to show the deed and is of public interest and obtain permission from MKN, then Article 16 (1) f and Article 54 UUJN about keeping positions can be ruled out because there are interests higher should notary testified that noataris released from his oath of office according to the rules applicable legislation. MKN legal protection given to the Notary ie if it will initiate an investigation or calling to the Notary must ask permission first terelebih to MKN, must coordinate with the IT organization or the competent senior Notary.Keywords: Legal Protection; Suspect; Notary.

The problem of witnesses has been seen as a significant problem. It requires the reinterpretation of text messages that considered a male witness is equal to two women. The issues raised are: How is the position of witness when making notarial agreement in Islamic law, How is the position of witness when making notarial agreement according to UUJN (Public Notary Law), and What is the similarity and difference of witness position in making notarial agreement according to Islamic law and UUJN. The research method used was Juridical Normative with Regulations approach, Conceptual Approach, and case Approach. Research result found that Firstly, the witness is someone who can give a statement or information that he knows about what the actual events. Another meaning is that a witness is a person who is asked to be present to witness a legal event; Secondly, a witness is a person who can give a definite statement because the person knows the actual event, and even the other meaning of the witness is the person who is asked to attend to witness an event. The person who is asked to be a witness is a qualified person and considered to be well-informed of what he or she is witnessing. And Third, the equation has a purpose for justice and truth can be enforced by the presence of witnesses and the difference Act No.40 of 2014 on the position of a notary. It is originated from the rules of legislation and as evidence, as well as the differences in the conditions specified. On the other hand, Islamic law comes all source of regulations are from Al Quran and As-Sunnah.Keywords: Comparison; Position of Witnesses; Notarial Agreement; Islamic Law; Public Notary Law

Notary as a public official appointed by the government to assist the general public in making agreements that arise in the community. The role and authority of the Notary is related to the making of contracts relating to sharia banking, both financing contracts and other contracts which constitute sharia banking products. Sharia banking as a bank that uses sharia principles in conducting its business refers to the Alquran and Hadist. Sharia banks as financial intermediaries, namely collecting and distributing funds to the public with financing carried out in sharia principles. Financing agreements in sharia banking: murabahah financing contracts (financing the sale and purchase of goods with a profit), musyarakah (financing based on the principle of joint ventures), mudharabah (financing based on profit sharing principles), and ijarah financing contracts (financing of capital goods based on the leasing principle). The role and authority of a Notary in making a financing agreement in sharia banking is a general official authorized to make an authentic deed, concerning certain legal acts in particular, namely: murabahah, musyarakah, mudharabah and ijarah financing contracts. The notary official has the authority to make an authentic deed, especially the financing agreement in sharia banking. The role and authority of a Notary in making a financing agreement between an sharia bank and a customer is an authority arising from his position as a public official in Article 1 number (1) and Article 15 of Law No. 2/2014.

Notary Position is glorious job which carrying out the noble position is not only required expertise in the field of notary but also needs to be held by those who are high-ranking. In carrying out its duties, Notary Public is supervised and fostered by the Supervisory Board and the Notary Honorary Board. The purpose and purpose of supervision of a Notary Public so that the Notary Public when carrying out its duties meets all the requirements related to the duties of the Notary Office appointed by the government not for the benefit of the Notary Itself but the interests of the people it serves. One of the rules relating to supervision and examination, especially by the Notary Honorary Board, is in the case of making a deed exceeding the fairness limit determined by the Notary Honorary Board as mandated by the Notary Code of Ethics in Article 4 paragraph 16 which is then realized by the establishment of the Regulation of the Central Honorary Board of Notary Ties Indonesia No. 1/ 2017 where the limitation of deed per day is 20 deed. However, there are still many Notaries who make deeds exceeding the fairness limit therefore this research will examine and analyze how the authenticity of notary deed made by notary public exceeds the limits of the fairness of deed making and how the role of the Honorary Board of The Indonesian Notary Association in carrying out the supervisory and examination function of members of the limits of fairness of deed making. This research was conducted using literature research method that is normative juridical that researchers obtained from literature study materials and documents related to this research.

This article explores the institution of the public notary in Colombia as an important place for legality where we can appreciate different mechanisms through which law is productive of space and space shapes understandings of the legitimacy of law. I study the notary as a material and social space of interactions between persons (parties, lawyers and public officials), non-human actors (seals, signatures, fingerprints) and practices (solemn oaths, making of deeds). I highlight three aspects. First, at the notary the relationship between the private and public orders is enacted. Private actions (birth, marriage or sell of property) once notarized through the stamping of the seal are now public acts. Second, contrary to think of the notary as space empty of law since it does not solve any legal controversies, I argue that particular legal knowledge practices at the notary consolidate processes of individuation and reification essential for the making of both, persons (criticizes) and things (property); these practices are also key in the making of the state's authority. Finally, I review the relationship between the notary and the instrument (the sealed document) to reveal the importance of certain ideas such as "public faith". These ideas allow the notary to detach him/herself from the agency of the instrument; however, inherent indeterminacies remain in these configurations that reveal the temporal and variable character of the reality the notary attest to. This is important because when we partake in the formalization regimes happening at these places, we implicitly accept and maintain some of these cognitive constructions that constitute important pillars for both, the market and the state.

In this article, the author considers the prospects for the development of mediation in notarial practice. Analyzing the experience of foreign countries, having studied the opinions of other researchers and practitioners, based on conclusions and recommendations, puts forward some prospects for the development of mediation by notaries in Uzbekistan. Various approaches to legislative acts regulating notarial activities are considered. The author also considers the development of certain skills for notary mediators at the educational level, which is important in raising the status of the notary profession.

This Paper is the function of a notary public in an authentic deed spiked with thumbprint in lieu of a signature. Problems occurred that there are differences of opinion regarding the status of a judge in a court of law made by the notary deed with thumbprint in lieu of a signature when seen from the provisions of Article 44 paragraph (1) of Law Notary. This paper aims to understand and know about how to function in the notary deed authentic spiked with thumbprint in lieu of a signature. This paper, using the method of normative legal research with the type of analytical approach legislation. This paper presented a study that as Notary public official has the authority to approve the thumbprint affixed with the special power of attorney, this role is called Legalisation. The essence of the legalization of the deed under the hand is not to change the deed under the hand becomes an authentic deed, but rather with the fact that ratification of the parties or the penghadap can no longer deny what he had done, including affixing thumbprints in the deed, as a competent authority for it has witnessed and read the contents of the deed before the parties affix thumbprint.

A public official authorized to make an authentic deed regarding all actions, agreements and statutes that required by regulation or desired by the public interest that is expressed in an authentic deed is a Notary. The competent authorities have the duty and obligation to provide legal certainty on a whim deeds poured in the form of Deed. The times and the modern era such as the present need for security in the Deed to prevent counterfeiting deed, which one of them by using the QR Code in the Deed. Prudence needs to be done by a Notary Public, including keeping the deed of forgery measures. The safeguard measures need to take into account the provisions of legislation, as noted in UUJN Article 38 Paragraph (1) that: "each certificate shall consist of: a. Early Head Deed or Deed, b. Deed Agency, c. Closing the end Deed or Deed. This study aims to: 1) identify and analyze about the inclusion of the QR Code on the terms of the Deed Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary; and 2) determine the position of Deed which included the QR Code on the deed by Act No. 2 of 2014 on the change of Act No. 30 of 2004 concerning Notary.Keywords: Analysis of Juridical; QR Code; Deed; Notary Law.

Legal protection should be provided to all persons, including Notaries. Legal protection of a Notary can be done through a process, namely: the use of the rights or obligations of non-compliance of Notaries and the calling of a Notary by the investigator, public prosecutor and judge shall be done by obtaining Notary Honorary Council (MKN) approval.The purpose of the research was to analyze the implementation of legal protection to the notary and to know the obstacles as well as the solution in Law number 2 year 2014 on the amendment of Law No. 30 year 2004.This study used a juridical-normative approach obtained from primary data and secondary data analysis techniques and used qualitative data analysis.The results of the study indicated that the legal forms of legal protection to the Notary under the UUJN Law are: 1 Regulation on the obligation of non-disclosure and right of non-disclosure (Article 4 paragraph 2 and Article 16 paragraph 1), 2) Fingerprint attachment in minuta deed (Article 16 paragraph (1) c), 3) Approval of the Notary Public Honor Council (Article 66 paragraph 1), 4) Protection of Indonesian Notary Association (Article 67 paragraph) 5) The obstacle is the absence of change of the Implementing Law of UUJN, the absence of Notary Honorary Council, and the lack of socialization. Legal protection for a Notary to the deeds he made regarding the accountability of a civil notary is the existence of an independent Notary Publicity Council. The government should provide special training to the notary to minimize adverse effects.Keywords: Notary, Legal Protection, UUJN

The starting point of the theory of contracts coincides with the Roman era, but the moment related to the strengthening of the contract theory is the "social contract". Another episode relevant to this theory is represented by the trend "institutionalism". The institutional value has repercussions on the value of the concluded contracts, but we notice the link between the notary public institution and the theory of contracts, which is very important. Although the notary public institution is important in a democratic society, the analyses conducted do not indicate any connection between the number of notaries public and economic growth.

The article considers the notary as a subject of active influence on the formation of postmodern democratic legal society, mediation of law in postmodern society. The constitutional definition of the state in this status does not mean that the civil law consciousness prevails in all spheres of its life. Since no person in society does not need this type of legal service, it is quite objective to consider this community as a subject whose activities should be considered as a subject of formation not only of legal consciousness of society but also a leading subject of civil society. This primarily applies to private notaries, who, unlike public notaries, are fully responsible for the results of their activities. After all, a legal duty is organically combined with the responsibility from which the public notary is released. The study of the manifestations of the phenomenon of postmodernism is relevant to many disciplines, including - the philosophy of law. Modern research shows that classical types of legal understanding do not satisfy the understanding of postmodern law, which indicates the need to find a fundamentally new concept of law. The author concludes that the solution to this problem should be sought in the field of theories that offer new approaches to the interpretation of legal texts; this area is considered the most promising.

This research is procedure of dealing with adverse ownership documents that research method is analytical and library and descriptive and has been collected by relying on the texts of laws and procedures and circulars, articles, researches, and books that have been published on this subject and as well as experimental observations of the author. Reference to adjust and register contracts and ownership documents are notary public offices in accordance with Article one of a law of notary public offices approved 25 July 1977. Registration offices as higher than the reference of notary public offices have had a major and fundamental role in issuing ownership documents in accordance with provisions of the law the Real Estate Registration approved in 1931, as in accordance with Article 22 of law of Real Estate Registration as soon as the land property was registered in a notary public office, the government will know only a person as an owner who the land property has been registered in his/her name or a person who mentioned land property has been transferred to him/her and this transfer has been registered in a notary public office or the mentioned land property is reached from formal owner for him/her by inheritance. With increasing population growth, the differences have been achieved and courts of Iran have been encountered for years with the problem of litigation arising from the way of transfer of immovable land property. Islamic law has allowed this transition only with the agreement of two people, but the text of the law of registration has created this suspicion that the transfer must be done by an official document. It has been tried in this research that we examine the conditions of meeting the conflict of land property and conflict detection in ownership documents and we explain the role of court in addressing the adverse estates and administrative penalties for offenders with the duties of the Supreme Council for Registration.

Le BGU III 987 = M. Chr. 269 est certainement une suggraphe notariée publique et le PSI XII 1228 en est vraisemblablement une, même s'il présente un élément constitutif importun. ; Peer reviewed