公证人在索赔单上的指纹的合法性

Wulan Wiryantari Dewi, R. Ibrahim
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引用次数: 1

摘要

公证人的作用是为使用其服务的人提供法律保护。公证人的存在对于有关社区与其他个人保持法律关系是必不可少的,因此公证人也可能承担责任。《修改法》第十六条第一款丙项规定,公证员在履行职务时,必须在契约记录上按手印。由于该规定没有进一步规定,在这种情况下,吸烟者是否有手指缺陷或指纹受损,导致调查人员无法按手印,因此引起了各种争论。本研究的目的是找出公证员对那些无法留下指纹的人所能做的努力,以及指纹缺失对契约强度的法律后果。本研究属于规范法学研究的一种。本研究的结果表明,如果有人因手指缺陷或经历导致指纹损坏的事件而无法将指纹附在契据记录上,公证可以做出努力,相关的公证人可以在契据结束时解释此事。因为地址上的指纹是《公证员行为修改法》中规定的可以受到行政处罚的行为。根据《民法典》第1869条的规定,即使没有签章人的指纹,但相关公证员出具的契约仍然是一份真实的契约,只要符合《民法典》第1320条的规定,该契约即有效并具有法律约束力。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta
The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.
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