Notary public guidebook
In: http://hdl.handle.net/2027/uiug.30112023123786
Previous ed. entered under: Institute of Government, Chapel Hill, N.C. ; Mode of access: Internet.
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In: http://hdl.handle.net/2027/uiug.30112023123786
Previous ed. entered under: Institute of Government, Chapel Hill, N.C. ; Mode of access: Internet.
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Singapore law, which has its root in English law, has now evolved into a distinctive jurisprudence. It continues to absorb and modify the common law as well as best practices from other mature legal systems. The common law system in Singapore bears material differences from some Asian countries which have imbibed the civil law tradition such as the legal profession. The common law is one important strand of Singapore politico legal fabric. Singapore has inherited the English common law tradition as a part of Anglo Saxon countries and thus enjoys the attendant benefits of stability, certainty and internationalization inherent in the British system. Singapore shares similar English common law roots with some neighbours, such as Malaysia, Brunei, India and Myanmar through the details of the application and implementation will differ according to each country's specific needs and policies, same goes to the legal professional they are adopted.
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In: Zbornik radova Pravnog Fakulteta u Nišu: Collection of papers, Faculty of Law, Niš, Volume 61, Issue 94, p. 153-171
ISSN: 2560-3116
The introduction of the notary public service in the Serbian legal system has introduced a number of novelties in matters concerning inheritance law. The most important of them is the possibility of entrusting the probate proceedings in inheritance cases to notaries public. In the Serbian legal system, probate proceedings dealing with inheritance matters have traditionally beed conducted competent courts. This long-standing tradition is difficult to break with. Thus, the Serbian legislator still envisages the jurisdiction of the court to discuss inheritance matters, but now there is a possibility of entrusting this procedure to a notary public, when it is deemed to be expedient. In this paper, the author examines the judicial practice and the public notaries practice in an attempt to determine the justification of entrusting some probate proceedings to notaries public. Concurrently, the author analyzes the possibility of transferring competences for conducting probate proceedings entirely to public notaries. In the author's opinion, it is a realistic possibility considering that the hetherto practice of public notaries in probate proceedings speaks in favour of this legal solution, particularly taking into account the reduced caseload and timeframe needed to complete these non-litigious probate proceedings.
The making of a certificate of inheritance is carried out by a different official, which is based on the population group, there are three officials who are authorized to make a certificate of inheritance, namely the Notary, the Heritage Hall (BHP), or made by the heirs themselves on paper witnessed by the Head of Village / Village Head and strengthened by the Head District. This writing aims to analyze the process of making authentic deeds of distribution of inheritance of land rights, the obstacles faced by the notary and their solutions. Researchers used legal research methods with a normative juridical approach. The data source came from secondary data. This writing is analyzed qualitatively using the analysis knife of Islamic justice theory, legal certainty theory, and inheritance distribution theory. The results showed that: 1) The process of making an inheritance distribution deed begins with the making of an inheritance certificate (SKW), which is the first step in carrying out the process of distributing inheritance to land in Jepara. The next step is: joint heirs before the notary in the presence of 2 (two) witnesses, bringing the documents that have been determined, the notary checks the files, certificates carried by both parties. The Official for Making Land Deeds (PPAT) makes a will or a certificate of inheritance. The will shall be signed by the heir and the PPAT (made in two copies). 2) PPAT obstacles in the process of distributing inheritance of land rights, namely: legal substance, legal structure, and legal culture. Solutions to obstacles, namely: Consulting and asking for help from government officials in the local village or sub-district. The government needs to disseminate information to the community. Provide information regarding the procedure and procedures for registration as well as incomplete document documents to the applicant.
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In: VERBEKE, A., 'De notaris is van ons allemaal' in ALOFS, E., CASMAN, H. en VAN DEN BOSSCHE, A. (eds.), Liber Amicorum André Michielsens - Essay in honour of André Michielsels, Mechelen, Wolters Kluwer, 2015, 715-725
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Peran Notary Public di Amerika Serikat, seorang notaris adalah orang yang ditunjuk oleh pemerintah negara bagian (misalnya, gubernur, gubernur letnan, sekretaris negara, atau dalam beberapa kasus legislatif negara bagian) dan yang peran utamanya adalah melayani publik sebagai saksi yang tidak memihak ketika dokumen-dokumen penting ditandatangani. Penelitian ini bertujuan (1) Untuk mendeskripsikan tugas Notaris menurut Undang-Undang Notaris Indonesia dan menurut Undang-Undang Notary Public Amerika Serikat (2) Untuk mengkaji perbandingan tugas Notaris menurut Undang-Undang Notaris Indonesia dan Undang-Undang Notary Public Amerika Serikat. Jenis penelitian ini adalah penelitian kepustakaan (library research) data-data atau bahan yang diperlukan untuk menyelesaikan penelitian berasal dari kepustakaan baik berupa buku jurnal, literature, buku, laporan penelitian, dan lain sebagainya Pengumpulan data diperoleh dari bahan hukum sekunder, pendekatan bersifat normatif (legal research). Pendekatan yuridis normatif yakni pendekatan yang dilakukan untuk mencari kebenaran dengan melihat asas-asas dalam ketentuan perundangan. Hasil penelitian, (1) Notaris dalam menjalankan tugas dan jabatannya tunduk dan patuh pada Undang-Undang Nomor 2 Tahun 2014 tentang Jabatan Notais yakni membuat Akta autentik, perjanjian, dan penetapan yang diharuskan oleh peraturan perundang-undangan dan/atau yang dikehendaki oleh yang berkepentingan. (2) Tugas notaris berdasarkan notary public khususnya di Negara bagian Alabama antara lain melaksanakan sumpah dalam segala hal insiden di kantornya, mengambil pengakuan atau bukti alat tulis yang berkaitan dengan perdagangan atau navigasi dan mengesahkan hal yang sama dan semua tindakan resmi mereka di bawah segel kantor notaris, permintaan penerimaan dan pembayaran tagihan pertukaran, Surat catatan, dan semua tulisan lainnya yang diatur oleh hukum komersial negara bagian Alabama (3) Perbandingan tugas Notaris menurut Undang-Undang Notaris Indonesia dan Undang-Undang Notary Public Amerika Serikat pada dasarnya terletak pada berlakunya UUJN untuk seluruh Indonesia, sedangkan di Amerika Serikat setiap Negara bagian memiliki undang-undang notaris sendiri-sendiri. ============================================================== The role of Notary Public in the United States, a notary is a person appointed by a State government (for example, a governor, a lieutenant governor, a secretary of state, or in some cases state legislature) and whose primary role is to serve the public as an impartial witness when important documents are signed. This research aims (1) to describe the duties of notary under the Indonesian Notary Act and under the United States Notary Public Act (2) to review the comparison of notary duties under the Indonesian Notary Act and the United States Public Notary Act. This type of research is a library research of data or materials needed to complete the research derived from the literature of both journal books, literature, books, research reports, etc. data collection is obtained from secondary legal material, a normative approach (legal research). A normative juridical approach is an approach that is done to seek the truth by looking at the principles in the legislation. The results of the research, (1) the notary in carrying out its duties and positions is subject and obedient to Law No. 2 of 2014 on the Notais Department, which makes the authentic deed, agreement, and determination required by the legislation and/or as required by the concerned. (2) Notary duties based on public notary especially in the state of Alabama, among others, carried out an oath in all cases incidents in his office, taking recognition or evidence of stationery relating to trade or navigation and legalizing the same and all their official actions under the seal of the notary Office, request for receipt and payment of Exchange bills, notes, and all other writings governed by the commercial law of the State of Alabama (3) Comparison of notary duties under the Indonesian Notary Act and the United States Notary Public law are essentially in the enactment of UUJN for all of Indonesia, whereas in the United States each state has its own notarial laws.
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In: International journal of multicultural and multireligious understanding: IJMMU, Volume 5, Issue 2, p. 318
ISSN: 2364-5369
The present study aimed to review the Regulation of Central Honorary Council of Indonesian Notary Association no. 1of 2017 regarding Fairness Limit of Number of Permanent Deed (Per.DKP No.1/2017) from the perspective of Law on Office of Notary Public. This study was classified as normative juridical legal study and was implemented by using statute approach. The legal material used for this study were books, journals, and the findings of the previous study that are supported by the interviews to the Notary Honorary Council. The data collection was done through literature study and interviews. The data were analyzed by using deductive reasoning. The finding of the study and discussion found that Per.DKP No.1/2017 that restricting notary' authority contradicts against notary' obligation to accommodate the parties' concern as it is stated in the law of Office of Notary Public. Besides, the sanction imposed for the violation against this regulation is limited only in becoming the object of investigation of Notary Honorary Council.
These statements of fiscal impact provide the estimated expenditure costs and the estimated revenue impact of bills to the General Assembly for proposed legislation.
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In: Traektoriâ nauki: international electronic scientific journal = Path of science, Volume 9, Issue 4, p. 5001-5008
ISSN: 2413-9009
This study analyses a notary's primary authority and responsibilities in making a deed and the legal consequences of a circularly signed notary deed. This normative legal research examines primary, secondary and tertiary legal materials. Legal materials are collected by document study and analyzed normatively and prescriptively. From the results of the investigation, it is known that the essential authority and responsibility of a notary are based on attribution authority through the Notary Office Law, specifically, Article 15, paragraph 1, that a notary authorized to do authentic deeds regarding all actions, agreements, and provisions required by laws and regulations. The notary has civil, criminal and administrative responsibilities based on this authority. Arrangements for signing the deed are regulated in Article 16, paragraph 1-m, in conjunction with Article 44, paragraph 1 of the Notary Office Law, that the signing is carried out immediately after the notary reads the deed to the parties. Based on the research results, it cannot be denied that the parties often do not appear before the notary to sign the deed simultaneously for various reasons. This resulted in the degradation of the authenticity of the act from an authentic deed to a private deed by the contents of Article 16, paragraph 9, in conjunction with Article 44, paragraph 5, Notary Office Law. The process of formalizing an act determines its authenticity, so violations of these provisions are included in defining defects in form because they do not fulfil the formal aspects of doing a deed.
The wage is the most vulnerable and the most major in industrial relations. On the one hand wages are the right for workers/laborers in exchange for the services and/or personnel provided, in others the entrepreneurs see wages as fees. In order to provide protection against workers/labors for the amount of income earned, the government's Minimum wage must be applied by employers. The problem 1). To know the problem and examine the form of employment relationship between notary public and workers working at the notary office in Kampar District, and 2). To know and review the wages protection of workers working at the notary office in Kampar district. This research is empirical legal research, i.e. research that sees the application of regulations related to the objects being researched. This research was conducted in several offices of Kampar District notary. The data used is primary data and secondary data and data collection techniques using interviews and literature studies. From the research results can be concluded that, 1). form of employment relationship between notary and workers working in the office of notary Public in Kampar District, notary Public use the work agreement orally, but according to the employment LAW only use the work agreement orally at least Make a letter of appointment for workers and this is not made by notary. 2). Protection of wages workers working in the office of notary in Kampar district, that wages have not been fully provided in accordance with the existing regulations that are manpower LAW and decree of Riau Governor number Kpts 949/XI/2018 about Minimum wage Regency/city in Riau Province year 2019.
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El conocimiento que tenemos del oficio y la figura del escribano público en Córdoba se enfoca en el período colonial, precisamente desde fines del siglo XVI y la primera mitad del XVII. Ningún trabajo se ha realizado sobre el siglo XVIII y menos aún en el XIX, en especial, para la etapa abierta luego de la revolución por la independencia.Pretendemos aproximarnos aquí, a los cambios acaecidos en su oficio en la etapa postcolonial, para el primero hemos tomado como marco temporal la primera mitad del siglo XIX, con la finalidad de comprender mejor los procesos de cambio o continuidades que se dieron lugar.Para nuestra investigación utilizamos como fuentes los Protocolos Notariales, el fondo Gobierno y el fondo Justicia (Escribanias), custodiados en el Archivo Histórico de la Provincia de Córdoba y las Actas del Cabildo secular de Córdoba.AbstractThe knowledge that we have today about the office and image of the public notary in Córdoba, is focused in the colonial period, more precisely from the 16… to the 17"11 century, existing a gap for the 19… century and, specially, for the stage opened after the Revolution.This paper aims to make some contributions that will allow us to approach to the changes that happened in the office of the public notary in the postcolonial period. So we have taken as time frame the first half of the 19th century, in order to better understand the processes of change and continuity that occurred.For this investigation we used fonts such as the Notarial Protocols Series, the Government Series and the Clerkship Series, belonging to the Historical Archive of the Province of Córdoba and the Chapter Acts of the Council of Córdoba.Keywords: notary public, notary offices, notarial scriptures, Córdoba.
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In: International journal of multicultural and multireligious understanding: IJMMU, Volume 5, Issue 2, p. 345
ISSN: 2364-5369
Notary's concept as Registration Authority has been facilitated by Indonesian law, for example Law Number 2 Year 2014 About Amendment to Law Number 30 Year 2004 Concerning Notary Public, which explains that "other authorities regulated in legislation", the authority to certify electronic transactions (Cyber notary), make a Deed of pledge of waqf, and mortgage of aircraft. In addition to Law Number 2 Year 2014 on Amendment to Law Number 30 of 2004 concerning Notary Public, Notary's role as Registration Authority is also described in Government Regulation Number 82 Year 2012 Concerning the Implementation of Electronic Transaction System and Transaction, especially in the explanation Article 59 Paragraph (5) explaining that the Ministerial Regulation contains, among other things, arrangements on the procedure of applying for electronic certification which can be submitted through a notary. In contrast to the notary role concept as the Registration Authority, the notary role concept as a subordinate certification authority is not possible because of various obstacles.
This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made. This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history. This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act
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In: International journal of multicultural and multireligious understanding: IJMMU, Volume 6, Issue 5, p. 219
ISSN: 2364-5369
Disputes that often occur are usually related to ownership of land, this is because of the important role of land in human life, so that land becomes an object that is prone to disputes or disputes between people, this occurs because human needs for land are increasing, but the land supply is relatively fixed. Notary as a public official trusted by the community to resolve land disputes through a peace deed made by a notary to ensure legality. The method used is empirical juridical research. Research data were collected through field studies through interviews with resource persons to obtain primary data and literature studies to obtain primary data. The focus in this research is to find out and analyze the authority of a notary public in resolving land disputes with a deed of peace. The results showed that 1) Notary was authorized to make a peace deed to guarantee legal certainty for the parties to settle land disputes in accordance with article 15 Paragraph (2) letter f of the UUJN and 2) The peace deed drawn up by a Notary Public is an Authentic Deed but not final binding like a van dading deed decided from the results of mediation in court.
The purpose of this study was to: 1) Knowing and analyzing on the Implementation of the Right Dissenters in the Making Notary Deed. 2) To determine and analyze about the obstacle Notaries in Implementing Dissenters rights. The method used in this research is the empirical jurisdiction. Adopting legislation, learning materials primary and secondary law. The technique of collecting data using interviews and literature study and data analysis techniques qualitative analysis using descriptive analysis decomposition.After doing research Juridical Review of Implementation of the Right Dissenters In the Manufacture Notary Deed to a conclusion that is Implementation of the Dissenters rights in the Making Notary Deed is basically the right to withdraw from testifying upfront Court in Civil and Criminal problem. Implementation of the right of refusal notaries in practice, if it turns out the notary as a witness or a suspect, defendant, or in the examination by the Board of Trustees Notary divulge and provide information/statements should shall be kept confidential, while legislation is not ordered, then the complaint filed by parties who feel aggrieved can sue the notary.As well as Obstacles Notaries in options or Use Dissenters rights in the Making Deed is faced by a notary public in using the right of refusal which are the Assembly, Regional Supervisor (MPD) approved the request of the police in the inspection of a notary public, a notary unable to escape to does not provide information because the police already have the recommendation of the Supervisory Council of Regions (MPD). Another constraint is that if the investigating authorities in this case the police use forceful measures with the reason for the interest of the investigation, the notary can not usually be avoided by reason of use right of refusal because the police could have used the excuse that the notary was not cooperative in providing information regarding the deed he made , so that the police do a forced effort.Keywords: Dissenters Rights, Notary and Deed.
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