PENERAPAN MENGENAI TEMPAT PENYIMPANAN DAN PEMELIHARAAN PROTOKOL NOTARIS OLEH NOTARIS DAN MAJELIS PENGAWAS DAEREAH

TRINANDO, FRENKI and Emirzon, Joni (2021) PENERAPAN MENGENAI TEMPAT PENYIMPANAN DAN PEMELIHARAAN PROTOKOL NOTARIS OLEH NOTARIS DAN MAJELIS PENGAWAS DAEREAH. Masters thesis, Sriwijaya University.

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Abstract

Normatively, the Notary Protocol from another Notary which at the time of submission is 25 (twenty five) years or older is submitted by the Notary receiving the Notary Protocol to the Regional Supervisory Council (MPD), but the fact is that the MPD of Palembang City in particular does not have a building for storage and maintenance facilities that sufficient to create legal uncertainty for the Notary. The results of this study indicate that the implementation of provisions regarding the storage and maintenance of Notary Protocols by Notaries and MPD cannot be carried out effectively due to the fact that the MPD office does not stand alone or is attached to the building of the Ministry of Law and Human Rights of the Republic of Indonesia also does not have a large area, facilities and infrastructure. and supporting infrastructure, human resources, and budgeting to store and maintain a large number of Notary Protocols. The form of responsibility of a Notary in the scope of the implementation of his position in storing and maintaining a Notary Protocol is to be stored and maintained in a safe or other media that is protected from the risk of fire located in a dry and not humid room, so as not to decrease its physical condition so as to cause the Notary Protocol to be damaged or destroyed. can not be read. If it is negligent, the party who suffers the loss can sue civilly to the Notary with the qualification of an unlawful act. The legal policy for the storage and maintenance of the Notary Protocol by the Notary and the MPD in the form of scanning stored in electronic data storage devices is not prohibited as long as it is only for documentation purposes. However, if it is considered as an electronic document without possessing or showing the original, then it is contrary to the provisions in the Law on Information and Electronic Transactions and the Civil Code, all of which basically stipulate that if a Notary Protocol containing a notarial deed (Minuta Deed) is kept as electronic documents and/or their printouts are not legal evidence, so they do not have strong evidentiary power because their authenticity is questionable and therefore interested parties, including in the trial, in particular, must still show the original deed.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Majelis Pengawas Daerah, Notaris, Protokol Notaris
Subjects:	K Law > K Law (General) > K600-615 Private law K Law > K Law (General) > K623-968 Civil law K Law > K Law (General) > K7120-7197 Persons
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Frenki Trianndo
Date Deposited:	22 Sep 2021 06:03
Last Modified:	24 Apr 2024 01:53
URI:	http://repository.unsri.ac.id/id/eprint/54570

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