KEKUATAN PEMBUKTIAN KUASA YANG TERTERA DALAM PERJANJIAN BAGI BANGUN YANG DIBUAT DIBAWAH TANGAN DALAM KAITANNYA DENGAN KEWENANGAN NOTARIS UNTUK LEGALISASI DAN WAARMERKING

BUHAERI, BUHAERI and Annalisa Y,, Annalisa Y and Elmadiantini, Elmadiantini (2018) KEKUATAN PEMBUKTIAN KUASA YANG TERTERA DALAM PERJANJIAN BAGI BANGUN YANG DIBUAT DIBAWAH TANGAN DALAM KAITANNYA DENGAN KEWENANGAN NOTARIS UNTUK LEGALISASI DAN WAARMERKING. Master thesis, Sriwijaya University.

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Abstract

The consequences of legal deed under the hand legalized and waarmerking by notary are related to the authority of a notary under legalization.Based on article 1874, 1974 (a), and 1880 civil code against the proof of the letter there must be legalization from notary as the authorized official. The purpose of this research is to know and analyze the practice of legalization of deed under the hand by notary, to now and analyze responsibility for truth of deed under hand which is legalization by notary, to know and analyze the effect of law deed under hard which is legalization by notary in proof in court.Based on the result of the research, it can be see that: 1)the legalization practice of the deed under the hands of a notary that the practice of legalization of the deed under the hand of a notary is an endorsement of the date of the agreement made by the parties, so the deed under the hand that has obtained legalization from the notary provides certainty of its legal consequences for judges in court on the date, identity, or signature of the parties to the treaty. In this case all parties whose names are contained in the letter or agreement shall affix their signatures or fingerprint stamps in the treaty so that neither party may denounce or dedare that either party or all parties concerned do not know what the letter what the treaty is, because the contents of the agreement have been read out and explained before the parties signing before the notary; 2) Responsibility for the truth of the deed under the legalized by the notary is about the effect of the law has had the certainty that at the signing of the letter of agreement means the certainty of the legal consequences of the deed under the hand stating that the signature listed are indeed bener all parties present and now the contents of the agreement because it has been read by the notary, not any other party because all done in the presence of notary. So there is no denial in the future; 3) the consequence of the legal deed under the hand that is notarized by the notary in court verification is a deed under the hand basically has no legal consequence of the perfect proof because it lies on the signature of all parties to the agreement. A deed under the hands is merely giving the effect of the law of perfect proof for the benefit at the party to whom the signature wishes to provide a proof, while for a third party the law of proof is free. This is in contrast to an authentic deed which has perfect evidentiary power, than the deed under the hands of the law of evidence in court is the hands of the judge to consider it (Article 1881 paragraph (2) of the civil code).

Item Type: Thesis (Master)
Uncontrolled Keywords: Consequences of law, Deed of Hands, Legalization and Waarmerking
Subjects: K Law > KZ Law of Nations > KZ1298-1304 The law of treaties. System of treaty law
Divisions: Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Mrs Kharisma Afrianti
Date Deposited: 11 Sep 2019 07:13
Last Modified: 11 Sep 2019 07:13
URI: http://repository.unsri.ac.id/id/eprint/7087

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