Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties

Didid Muhammad, S. Wahyuningsih, I. Maerani
{"title":"Legal Protection for the Public for Legal Certainty of Notary Authentic Deeds Against Deeds That Are Not Read And Explained To The Parties","authors":"Didid Muhammad, S. Wahyuningsih, I. Maerani","doi":"10.30659/sanlar.4.3.868-881","DOIUrl":null,"url":null,"abstract":"This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.","PeriodicalId":279949,"journal":{"name":"Sultan Agung Notary Law Review","volume":"59 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2022-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Sultan Agung Notary Law Review","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30659/sanlar.4.3.868-881","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0

Abstract

This research is motivated by the large number of notaries who are submitted to court due to errors in making a notary deed - the notary ignores the code of ethics which is contrary to the moral values of UUJN which is the basis for the professionalism of a notary who is simply ignored in order to get clients who take unethical ways to get their wishes. . The role of the notary in carrying out his duties and positions based on the code of ethics to provide legal protection. The community is expected to be able to provide confidence that the deed made is in accordance with the UUJN and the notary code of ethics. The purpose of this study is to find out the legal certainty of the authentic notary deed of the deed that is not read and explained to the parties and how to apply legal protection to the community and the obstacles and solutions to the implementation of legal protection to the community. The method in this study uses sociological juridical, meaning that research is carried out on the real situation of the application of law to the community with the intent and purpose of finding facts (fact-finding), which then leads to problem identification and then leads to problem solving. . The theory used is the theory of legal protection and the theory of legal certainty. The results of the research are very multi-faceted, showing that the role of a notary as a public official appointed by the government has the right to make a deed if the making of the deed is not in accordance with the UUJN and the code of ethics of the deed will be problematic in the future. The task of a notary is very noble because it contains and carries the mandate of the community and the state as well as providing legal counseling because of the position of trust. The position of a notary is very essential, impartial and independent, but in making a deed at the request of the parties listed in the deed. Notaries must be professional, meaning they are firm, fast, responsive, thorough, observant, and impartial according to the UUJN and the code of ethics. The role of the notary in carrying out his duties and positions in providing legal protection to the community must be independent, neutral and impartial with the aim of the deed made in accordance with the UUJN and the code of ethics and provide law for the community.
公证真实契约法律确定性对未向当事人宣读和解释的契约的法律保护
这项研究的动机是大量的公证人,他们被提交给法院,因为他们在做公证契约时犯了错误——公证人无视道德准则,这与ujn的道德价值观背道而驰,这是公证人的专业精神的基础,而公证人只是被忽视,为了让客户采取不道德的方式来实现他们的愿望。公证员在履行其职责和职务的基础上,为道德规范提供法律保障。期望社区能够提供信心,证明所做的行为符合ujn和公证人道德准则。本研究的目的是找出未向当事人宣读和解释的契约的真实公证契约的法律确定性,以及如何对社区适用法律保护,以及对社区实施法律保护的障碍和解决办法。本研究采用的方法是社会学法学,即以发现事实(fact-finding)的意图和目的,对法律适用于社区的真实情况进行研究,从而导致问题识别,进而导致问题解决。所采用的理论是法律保护理论和法律确定性理论。研究结果显示,公证员作为政府任命的公职人员,即使不符合《联合约法》的规定,也有权利进行公证,而且今后公证的道德规范也会出现问题。公证人的任务是非常崇高的,因为它包含并承载着社区和国家的授权,同时也因为信任的地位而提供法律咨询。公证人的地位是非常重要的,公正和独立的,但在作出契据当事人的要求列在契据。公证人必须是专业的,这意味着他们是坚定的,快速的,反应迅速的,彻底的,观察和公正的,根据ujn和道德准则。公证员在履行其向社区提供法律保护的职责和立场方面的作用必须是独立、中立和公正的,其目的是按照联合国和道德守则作出的行为,并为社区提供法律。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
求助全文
约1分钟内获得全文 求助全文
来源期刊
自引率
0.00%
发文量
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
确定
请完成安全验证×
copy
已复制链接
快去分享给好友吧!
我知道了
右上角分享
点击右上角分享
0
联系我们:info@booksci.cn Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术官方微信