从《福利领域公证岗位法》看公证员岗位的司法审查

Adyesha Nur Salma, Taufan Fajar Riyanto, I. Maerani
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摘要

根据ujn,公证人是一名不受国家、部委或任何其他方支付报酬的公职人员。在社会学上,公证人被认为是社会上受人尊敬的职业之一。另一方面,社区中公证员的数量也在增加,从而与公证员任务的竞争相关。本研究旨在确定和分析公证员在履行公证员职责方面的责任,找出并分析印尼公证员协会在三宝垄市实施公证员福利方面的作用,并找出一个买卖约束协议的例子。本文采用的研究方法是一种具有描述性分析研究规范的实证法律研究方法。数据来源和数据收集方法采用了定性分析的一手和二手数据。结果表明:第一,公证员在ujn第1条第1点中的地位,即被授权制作真实契约的公职人员和法律所指的其他权限。而“公职人员”一词则是从《民法典》第1868条中的“公开的契约”翻译而来的,“真正的契约是由有权在契约所在地以法律规定的形式由公职人员或在公职人员面前作出的契约。”了。”另一方面,关于公共服务的2009年第25号法也适用于公证人,因为根据联合工会第15条,除了联合工会适用公证人的权力外,还适用其他法律。这意味着民法典和公共服务法或其他法律也适用。第二,关于公证服务费最低酬金限制的不确定性,三宝朗市区域协会组织曾经就公证服务费最低限制达成一致意见,然而,这一参考意见不能持续很长时间或没有有效执行,因为毕竟经济需求使得公证员为了支持自己,他的家庭,当然还有办公室的运营成本而竞争获得客户。同时,作为政府关注的一种形式,例如,对公证员的职位提供激励从未向政府提出过。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Juridical Review of Notary Positions Based on the Law on Notary Positions in Welfare Aspects
Notary as a public official who is not paid, either by the state, ministry, or any other party according to UUJN. Sociologically, notaries are stigmatized as one of the respectable professions in society. On the other hand, the presence of a notary in the community has also increased in quantity, so that it is correlated with competition in the task of a notary.This study aims to determine and analyze the responsibilities of a notary in carrying out the position of a notary, to find out and analyze the role of the Indonesian Notary Association in implementing the welfare of a notary in the city of Semarang, and to find out an example of a Sale and Purchase Binding Agreement. The research approach method used in this thesis is an empirical juridical legal research method with descriptive analysis research specifications.Data sources and data collection methods used primary and secondary data which were analyzed qualitatively.The results showed that: First,The position of a notary in Article 1 point 1 UUJN, namely a public official authorized to make authentic deeds and other authorities as referred to in the law. While the term public official is translated from openbare ambtenaren as in Article 1868 of the Civil Code that, "An authentic deed is a deed made in the form determined by law by or before public officials who have power for that, at the place where the deed is. made." On the other hand, Act No. 25 of 2009 concerning Public Services also applies to notaries, because according to Article 15 of the UUJN, the authority of a notary in addition to the UUJN applies, other laws also apply. This means that the Civil Code and the Public Service Law or other laws also apply.Second,Regarding the uncertainty of the minimum honorarium limit from the notary service fee, the Semarang City regional association organization once agreed on a reference regarding the minimum limit for the notary service fee, however, this reference could not last long or was not effectively enforced because after all the economic demands that made notaries compete in getting clients for the sake of to support himself, his family and of course for the operational costs of the office. Meanwhile, as a form of attention from the government, for example, the provision of incentives for the position of a notary has never been proposed to the government.
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