公证员与土地契约官员监督之比较

Sulthon Faiz Saifuddin, I. Maerani
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引用次数: 0

摘要

公证人和土地契约制作官员是被赋予制作真实契约的任务、义务和权力的公职人员,通常由一人担任。对公证员和土地契约官员的监督是必须的,因为他们在履行职责过程中经常出现错误或遗漏。本文试图以监督理论为基础,对公证员和土地契据官的监督进行比较,以了解各自监督的优缺点。本研究是一项对二手资料进行检验并进行演绎分析的规范性法律研究。在本研究中使用了两种法律理论,即国家权力理论和监督理论。结果表明,对公证员的监督由监事会和荣誉理事会两个监督机构进行,对土地契约员的监督由监事会、土地契约员监事和协会荣誉理事会两个监督机构进行。监管机构之间的监管比较主要集中在四个方面,即监管形式、监管类型、监管机制和监管权限与范围。基于这四点,监事会是最好的监管机构,其他三种监管机构需要通过修改或增加其法律规则来完善。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
The Comparison of Supervision of Notaries and Land Deed Making Officials
Notaries and Land Deed Making Officials are public officials who are given the task, obligation and authority to make authentic deeds and are usually held by one person. Supervision of notaries and Land Deed Making Officials is a must because mistakes or omissions often occur during carrying out their positions. The author in this study tries to compare the supervision carried out on the notary and the Land Deed Making Officer with the aim of knowing the advantages and disadvantages of each supervisor based on the theory of supervision. This research is a normative juridical research by examining secondary data which is analyzed deductively. There are two legal theories used in this research, namely the theory of state power and the theory of supervision. The results showed that the supervision of the notary was carried out by two supervisory institutions, namely the Supervisory Council and the Honorary Council, while the supervision of the Land Deed Making Officer was carried out by two institutions, namely, the Supervisory Council and the Supervisor of the Land Deed Making Officer and the Association Honorary Council. Comparison of supervision between supervisory institutions is focused on four things, namely the form of supervision, type of supervision, supervisory mechanism and authority & scope of supervision. Based on these four things, the Supervisory Board is the best supervisory agency, while the other three supervisory institutions need to be improved through changes or additions to their legal rules.
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