PUASASI, SONYA SANTIKA and Yahanan, Annalisa (2023) HAK INGKAR NOTARIS DALAM MERAHASIAKAN ISI AKTA. Masters thesis, Sriwijaya University.
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Abstract
This study aims to analyze and explain the extent to which the limits on the use of the right to deny the position of a notary in keeping the contents of the deed secret. This type of research is normative legal research using a statutory approach, a conceptual approach. The results of this study explain the limitations of a notary's right of refusal, which are listed in the contents of the deed stating that a notary has the right to refuse to be a witness, but in general a notary can wait for a right of refusal because he has met the criteria for a notary's position, namely job position and secret office because he has the obligation to maintain confidentiality. related to the "contents of the deed" and all statements obtained for making the deed unless the law determines otherwise. In the use of the right of refusal by a notary to keep the contents of the deed secret, it is contained in the oath of office of a notary who orders to keep the contents of the deed he made, that is, a notary is not allowed to provide information to answer investigators' questions regarding the contents of the deed he made, which if he divulges a secret which because of his position is required to keep it secret, then this can be subject to criminal sanctions. The two Articles do not apply if another Law orders the disclosure of secrets and provides such information or statement to the party requesting it. The notary as a witness who knows about the contents of the deed made where the deed is drawn up by the parties facing him, then this does not apply in corruption cases. Denial rights cannot be exercised because they are related to specific crimes, one of which is corruption, using the principle of lex specialis derogate lex generalis. Keywords: Denial Right, Notary, Deed
Item Type: | Thesis (Masters) |
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Uncontrolled Keywords: | Magister Kenotariatan |
Subjects: | K Law > K Law (General) > K100-103 Legal education |
Divisions: | 02-Faculty of Law > 74101-Law (S2) |
Depositing User: | Sonya Santika Puasasi |
Date Deposited: | 05 Jun 2023 02:57 |
Last Modified: | 05 Jun 2023 02:57 |
URI: | http://repository.unsri.ac.id/id/eprint/106882 |
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