ANALISIS YURIDIS SURAT KUASA WALI NIKAH KEPADA KEPALA KANTOR URUSAN AGAMA YANG DI LEGALISASI OLEH NOTARIS

IRAWAN, ARIEO and Gofar, Abdullah and Adriansyah, Herman (2018) ANALISIS YURIDIS SURAT KUASA WALI NIKAH KEPADA KEPALA KANTOR URUSAN AGAMA YANG DI LEGALISASI OLEH NOTARIS. Master thesis, Sriwijaya University.

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Abstract

Article 1874 BW is a deed signed under the hands, letter, lists, letter of household affairs and articles diveded info tree type : deed under the hand in which the party signed the contract on stamp duty (without the involvement of public officials) and Deed under the hand registered (waarmeking) by Notary Public / Authorized Official and Deed under the hand and legalized by Notary Public / Authorized Officer and Deed is under hand and legalized by a Notary Public / Authorized Public Authority. Article 1 of Law Number 1 Year 1974 on Marriage provides the definition that marriage is the inner bond between a man and a woman as husband and wife in order to form a happy and eternal family or household based on the One Supreme Godhead, in Islam, marriage is one of worship that is also very important like other worship. One of the pillars in marriage is the guardian of the bride. Bride who will marry some who can not present their guardian while executing the marriage ceremony, because the guardian is dead, or the guardian is still alive but unable to attend the marriage contract process because his guardian is dead, or his guardian is still alive but unable to attend in the process of marriage contract. For a wali who is unable to attend, may represent his / her guardianship to others who are deemed eligible and qualified to be the representative of the marriage guardian. In the provision of Regulation of the Minister of Religious Affairs No. 30 of 2005 on the Guardian of Judges mentioned that the judge for women who do not have a guardian with various causes is the Head of KUA. The Compilation of Islamic Law provides provisions on the representation of guardianship in marriage as stated in article 28 namely: "The marriage contract is carried out personally by the concerned marriage guardian. The marriage guardian may represent others. This research formulated the problem of how the power of the Law of Deed of Under Hand in the form of Power of attorney of marriage legalized by Notary and How Position of Special authorization letter of parent as trustee to Head of Office of Religious Affairs as Judge in the process of marriage legalized by Notary Public and Is Effect The Law of a Power of Attorney Legalized Notary in Court Proof. The method used in this study is a normative legal research that analyzes a law's enforceability. Performed by examining legal materials, such as research on legal principles, positive law and legal principles. Data collection is obtained through literature study by selecting, clarifying relevant legal materials. the research approach used is the comparison of law by way of describing the facts that exist based on the results of research. The results of this study indicate that the legal power of a power of attorney that has been legalized by a notary provides legal certainty of signatures and dates, and has 3 evidentiary powers, namely the strength of outward proof, formal and material and the position of power of attorney in Legalization Notary is a deed under hand that has fulfilled the requirements formal and material also have a minimum of proof of being able to stand alone without the help of other evidence and Due to the Law of Deed under the Hand which is legalized by Notary in the verification at the Court. Deed under the hands do not have the effect of the law of perfect proof because it lies in the signature of all parties in the Legal Deed of Deed Under the Legalized Hand of Notary

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Due to the Law of Deed Under The Hand which is legalized by Notary in court verification
Subjects:	K Law > K Law (General) > K2100-2385 Courts. Procedure K Law > KB Religious law in general. Comparative religious law. Jurisprudence > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Mrs Kharisma Afrianti
Date Deposited:	12 Sep 2019 03:42
Last Modified:	12 Sep 2019 03:42
URI:	http://repository.unsri.ac.id/id/eprint/7206

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