Role of Notary In Implementation of The Principle of Nemo Plus Juris and Itikad in Transfer of Rights to Land as a Basis of Evidence for Owners

Sawin Dwi Hapsari
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Abstract

Land is a social symbol in society where control of a plot of land also symbolizes the value of honor, pride and personal success so that economically, socially and culturally, the land owned becomes a source of life, a symbol of identity, the rights of honor and dignity of its supporters so that it is necessary, registration arrangements land as the implementation of control of ownership rights over the land. Because land has economic value, land rights are traded or rights can be transferred through grants, buying and selling, inheritance and others. The transfer of land rights is usually carried out through the process of making a deed, either a sale and purchase deed, a deed of inheritance or a deed of grant signed by the parties having an interest in the transfer of rights to the land. And the making of the deed of transfer of land rights must be carried out in the presence of a notary / official who makes land deeds, so that the deed of transfer of land rights can have evidentiary power either as deeds in the judicial system or deeds that serve as the basis for making certificates. In the transfer of land rights, the principle of nemo plus juris is known, which protects the real rights holder and the principle of good faith, which means protecting people who in good faith obtain a right from the person suspected of being the legal right holder. This principle is used to provide evidentiary power for maps and public lists that exist in the Land Office.
公证员作为土地权利人举证基础在实施法与法加原则中的作用
土地是一种社会符号,在社会中,对一块土地的控制也象征着荣誉、骄傲和个人成功的价值,因此,在经济、社会和文化上,所拥有的土地成为生活的源泉,是身份的象征,是其支持者的荣誉和尊严的权利,因此,有必要通过登记安排土地作为对土地所有权权利的控制的实施。由于土地具有经济价值,土地权利可以通过赠与、买卖、继承等方式进行交易或转让。土地权利的转让通常是通过订立契据来进行的,契据可以是买卖契据、继承契据,也可以是由与土地权利转让有关的各方签署的授予契据。土地权利转让契据的订立必须在土地契约的公证人/官员在场的情况下进行,这样土地权利转让契据既可以作为司法制度的契据,也可以作为制作证书的依据的契据,具有证明力。在土地权利的转让中,保护物权人的“法上加法”原则和保护善意原则是众所周知的,善意原则是指保护善意的人从被怀疑为合法权利人的人那里获得权利。这一原则被用来为土地办公室的地图和公共清单提供证据。
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