为伪造他所做的文件所作的公证安排

Siti Saza'a Arianty
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引用次数: 0

摘要

公证员作为公职人员,对构建真实契约负有全部责任。本规定在2014年第2号法律中对2004年第30号法律关于公证员地位的修改进行了规定。然而,在现实情况中,无论是由于公证员在构建契约过程中缺乏知识、不够谨慎还是不够公正造成的信息造假,都给当事人带来了不利的影响。因此,本研究提出的主要法律问题是对公证人在其所做的契约中伪造信息的责任的规定,并提出了一些法律子问题,即法律是否规定了伪造陈述的公证人的责任,以及由于公证人在其所做的契约中伪造信息而对当事人的法律保护。通过规定性研究,结合法律走近、概念、案例和法制史,对法律材料进行识别和系统化步骤,然后进行分析,得出结论。结果表明,《公证法》和《公证员行为规范》中对公证员伪造证言责任的规定并不完整,但公证员可以根据《民法》第1365条的违法行为承担民事责任,可以根据《民法》第263条的规定承担伪造证言的刑事责任。刑法第二百六十四条、第二百六十六条。它既包括对公证员在契约中所作的虚假描述对当事人的法律保护,也包括在《公证员地位法》中没有特别规定。今后应明确公证员在契约中因伪造信息而承担的责任设置,包括对公证员因伪造信息而违法行为的处罚。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
PENGATURAN TANGGUNG JAWAB NOTARIS AKIBAT PEMALSUAN KETERANGAN DI DALAM AKTA YANG DIBUATNYA
Notaries as public officials have full responsibility towards the construction of Authentic Deed. This regulation is arranged in Law Number 2 2014 about the amendment of Law Number 30 2004 about the position of Notaries. However, in the real situation, whether it is caused by less knowledge, circumspection or fairness from Notaries in constructing a deed, it causes counterfeiting information which also causes disadvantages to the parties concerned. Therefore, the main legal issue raised in this study was the regulation of Notaries’ responsibility as the results of counterfeiting information in the deed that they made, with some legal sub-issues which were the question of whether the law has been set on Notaries’ responsibility who had forged statements and how the legal protection for the parties as a result of Notaries who falsified information in the deed that they made.Through prescriptive research, with laws approaching, conceptual, cases and legal histories, then performed identification and systematization steps on legal materials and then it was analyzed to get the conclusion. The results showed that the regulation of Notaries’ responsibility due to counterfeiting information in the deed that they made was not set entirely in the Laws of Notaries’ position and the Conduct Code of Notaries, however the Notaries could be accountable his deed civilly based on acts against the law in Article 1365 of Civil Laws, and could be accountable criminally regarding counterfeiting information which is arranged in Article 263, Article 264 and Article 266 in the Book of Criminal Laws. It included the setting up of legal protection for the parties concerned due to counterfeiting description in the deed that Notaries made, and also it was not particularly set in the Laws of Notaries’ position. The setting of Notaries’ responsibility due to counterfeiting information in the deed that they made should be arranged clearly in the future, including imposing sanctions for violations committed by Notaries due to counterfeiting information.
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