Due Position to Legal Documents under the Hand in Notary Legalization

Jurnal Akta Pub Date : 2020-02-14 DOI:10.30659/AKTA.6.4.805
Nur Amanah Amanah, Achmad Sulchan, Jawade Hafidz
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Abstract

The purpose of this study was to investigate and analyze: 1) the position of the deed under hand on legalization by notary and 2) Due to legal documents under the hand that has been in Legalization by Notary. Based on the wording of Article 15 paragraph (2) a and b of Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 concerning Notary, the Notary in carrying out his authority to conduct the legalization of the deed under the hand. The method used in this study is a socio-juridical. The data in this study are primary data obtained from the field by means of interviews and secondary data consists of primary legal materials, secondary legal materials as well as materials law tertiary literature. Data were then analyzed qualitatively.Based on the analysis, it can be seen that: 1). Position deed under the hand that was authorized by the Notary: when both parties recognize and explain correctly what is in deed under the hand, then the deed under the hand of a criminal offense and be perfect evidence as authentic deed. 2). The legal consequences deed under the hand which has been legalized by Notary: deed under hand on legalization by notary is not a legal effect of evidence which was perfect because they can be disputed later in court, and if the parties deny the strength of evidence in the hands of the judge's decision.Keywords: Deed Under Hand; Notary; Legalization.
法律文书在公证公证下应有的地位
本研究的目的是调查和分析:1)在公证公证中契约的地位;2)由于已经在公证公证中的法律文件。根据关于公证法的2004年第30号法修正案的2014年第2号法第15条第(2)款a和b的措辞,公证员在行使其权力对手中的契约进行合法化。本研究中使用的方法是一种社会法学方法。本研究的数据是通过访谈从实地获得的一手数据,二手数据包括一手法律资料、二手法律资料以及物法学三级文献。然后对数据进行定性分析。通过分析可以看出:1)经公证员授权的契据定位:当双方当事人对契据内容的认识和解释正确时,该契据即构成刑事犯罪,并作为真实契据的完美证据。2)经公证处公证的法律后果契据:经公证处公证的契据不是证据的法律效果,因为它们可以在法庭上引起争议,如果当事人否认法官判决中掌握的证据的力度。关键词:契约契约;公证;合法化。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
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