公证人对副本副本与公证文件不符的责任

Yoefanca Halim, Fricky Sudewo, Tyas Fidelia
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引用次数: 0

摘要

公证员是具有公证权的公职人员,依照本法或者公证法第一条第一款的规定,具有本法或者其他法律规定的其他职权。在履行其职责时,公证员必须诚信、诚实、彻底、独立、公正,并维护有关各方的利益,并以纪要契据的形式作出契据。此外,公证人还需要出具一份总契约、一份契约副本或一份基于Minuta契约的契约报价。这些事项在关于公证员地位的2004年第30号法律修正案的2014年第2号法律中进行了规定。通过查看这些条款,公证人履行其义务是合适的。但在现实中,你仍然可以发现公证员不履行《公证法》规定的义务。从维护Minuta Akta的疏忽开始,到复制契约和Minuta Akta之间的区别。当然,契约副本和契约备忘录之间的差异会给签订协议的各方带来损失。关于公证员的责任,一般来说,可以从民事、刑事、《公证员职务法》以及根据公证员道德准则履行职责的责任等方面进行审查。考虑到这一点,就会产生一个问题,“公证人对副本契约与Minuta契约不一致的责任是什么?”本研究使用的方法是一种规范的或司法的法律研究方法。关键词:公证、契据、公证责任
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Tanggung Jawab Notaris terhadap Ketidaksesuaian Akta Salinan Dengan Minuta Akta
Notary is a public official who has the authority to make authentic deeds and has other powers as referred to in this Law or based on other laws, as described in Article 1 number 1 of the Law on the Position of Notary Public. In carrying out his position, a Notary is required to act trustworthy, honest, thorough, independent, impartial, and safeguarding the interests of the parties concerned as well as making a Deed in the form of a Minute Deed. In addition, a Notary is required to issue a Grosse Akta, a Copy of the Deed, or a Quotation of the Deed based on the Minuta Deed. These matters are regulated in Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary Public. By looking at these provisions, it is fitting for a Notary to carry out his obligations. But in reality, you can still find Notaries who do not carry out the obligations as stipulated in the Law on Notary Position. Starting from negligence in maintaining the Minuta Akta to differences between the Deed of Copy and the Minuta Akta. Of course, the difference between the Deed of Copy and the Minuta of the Deed will give losses to the parties who entered into an agreement. Regarding the responsibilities of a Notary Public, in general, it can be reviewed on a civil, criminal basis, the Law on the Position of Notary Public, and the responsibility for carrying out his / her duties based on the Notary's code of ethics. By looking at this raises a problem regarding, "What is the responsibility of the Notary for the non-conformity of the Copy Deed with the Minuta Deed?". The method used in this research is a normative or juridical legal research method.Keywords: Notary, Deed, and Notary Responsibilities
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