基于刑法视角的土地契约官员法律责任与抵赖权的比例

Fachria, Wahyu Prawesthi
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引用次数: 1

摘要

地契官员作为公仆存在的时间比公证处要短,公证处可以追溯到三个多世纪以前。如果我们看一下第5/1960号法律所包含的《基本土地法》,我们可以看到它在创建地契时并没有规定地契官员的具体责任。本研究的目的是全面分析土地契约官员的专业实践,他们认为除了将土地的地位从传统权利中提升之外,还维护了土地注册的义务,其中所有权证据由Petok D, Girik或字母C表示,以及与获取,转让和删除相关的法律行动。本研究采用的方法是一种规范的司法方法,它包括使用立法,概念,历史和系统方法以及在书中找到的文献或法律。在民事诉讼,特别是刑事案件中,要求地契人员作证时,本法规所确立的地契人员拒签权在执行中存在各种问题。但是,应当记住,拒付权是“权利”而不是义务。对于由于地契人员的过失、疏忽或由于地契人员本身的意图而存在法律缺陷的地契人员,地契人员必须能够提供道德和法律上的问责。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
THE RATIO LEGIS LIABILITIES AND REPUDIATION RIGHTS OF LAND DEED OFFICERS BASED ON CRIMINAL CODE PERSPECTIVES
Land deed officers have existed as public servants for less time than the notary institution, which extends back more than three centuries. If we take a look at the Basic Agrarian Law included in Law No. 5/1960, we can see that it does not specify the specific responsibilities of Land Deed Officers while creating land deeds. The objective of this research is to analyze a comprehensive overview of the professional practice of land deed officials, who assume that the obligation to register land is upheld in addition to elevating the status of land from conventional rights, in which evidence of ownership is indicated by Petok D, Girik, or Letter C, as well as legal actions related to the acquisition, transfer, and deletion. The method employed in this research is a normative juridical method, and it includes the using legislation, conceptual, historical, and systems approaches as well as literature or law found in books. When land deed officers are requested to testify in civil proceedings, particularly in criminal cases, the repudiation rights of land deed officers that have been established in this legislation and regulation have various problems in their implementation. However, it should be remembered that repudiation rights are "rights" not obligations. Deed of land deed officers who contain legal defects either due to land deed officers' mistakes, negligence, or due to the intention of the land deed officers themselves, the land deed officers must be able to provide accountability both morally and legally.
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