AKIBAT HUKUM TERHADAP AKTA YANG DIBUAT NOTARIS BILAMANA SALAH SATU PENGHADAP TIDAK BISA MENANDATANGANI SECARA BERSAMAAN SAAT AKTA DIBACAKAN

Hidayat, Taufik and Ridwan, Ridwan and Elmadiantini, Elmadiantini (2018) AKIBAT HUKUM TERHADAP AKTA YANG DIBUAT NOTARIS BILAMANA SALAH SATU PENGHADAP TIDAK BISA MENANDATANGANI SECARA BERSAMAAN SAAT AKTA DIBACAKAN. Master thesis, Sriwijaya University.

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Abstract

Notary as one of the public officials is needed in the life of the people in Indonesia in making authentic written evidence that is authentic from a legal act committed by the community. Notary must be reliable with impartiality and able to keep confidential and provide legal guarantee, make agreement protecting civil interests of each party and may be responsible for the deed he made. In Article 16 paragraph 1 letter m states that a notary is obliged to read a deed before a witness attended by at least 2 (two) witnesses, and signed at the moment by interrogator, witness and notary while in Article 44 paragraph 1 states that immediately after the deed read out, the deed is signed by any tamper, witness and notary, unless there is a tamper who can not put a signature by mentioning the reason. With regard to the question arises the question of what the word immediately means and how the legal and legal effects of notarial deeds are not concurrent when the deed is read out. Research method used in this research is normative law research by using conceptual approach and approach of legislation. From the research result got answer from the question that the meaning of word immediately interpreted after the deed is read and all things contained in notarial deed is explained and explained notary to the witnesses and witnesses, then the witnesses and witnesses at that moment / seconds also put their signature in minuta deed. The legal power of notarial deeds whose signatures are not conducted at the same time by the interrogators, are not read directly by the notary to the adherents resulting in the deed being degraded from the authenticity of the deed from the authentic deed to the deed under hand (Article 16 paragraph 9 of the Notary Public Law). In the notary deed there is a change and the change is not known by one of the constraints because not at the same time the reading and signing of notarial deed before the witness and notary then the deed is null and void. In order to avoid the degradation of the deed, the Notary in his / her position must hold the oath of office of Notary and comply with the prevailing laws and regulations so that the risk of notarial deed made by Notary does not result in legal effect in the future and the legal force of deed made by Notary has the force of law as evidence Perfect.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Legal Effects, Authentic Deed, Deed Under Hand
Subjects:	K Law > K Law (General) > K270-274 Acts and events
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Mrs Kharisma Afrianti
Date Deposited:	11 Sep 2019 03:43
Last Modified:	11 Sep 2019 05:14
URI:	http://repository.unsri.ac.id/id/eprint/7047

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