可疑身份公证人所做真实契约的有效性

I. P. A. Tanaya
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引用次数: 0

摘要

公证人作为一般官员在制作真实契约时,即使没有参与真实契约中发生的伪造行为,也可以作为证人被印度尼西亚国家警察传唤。如果发现有足够的原始证据证明公证人参与其中,那么公证人就有可能成为犯罪嫌疑人。只要公证人处于犯罪嫌疑人的地位,那么涉嫌犯罪的公证人将如何受到法律保护?本研究的目的是了解对涉嫌实施犯罪行为的公证人的保护情况,以及目前处于犯罪嫌疑人身份的公证人所签署的真实契约的有效性。本研究采用规范法学方法。根据适用的法律,对公证人的法律保护体现在公证人的公证权和公证人的传唤程序上。如果公证员因没有办理公证而继续办理公证,则该公证员处于嫌疑状态,该公证员处于未被解雇、停职(暂停)、解雇和退休状态。作为嫌疑人之后的公证人并不一定有罪,在法院判决具有明确的法律效力之前,必须坚持无罪推定原则。这取决于社会是否仍然愿意使用嫌疑人身份的公证人的服务。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
VALIDITY OF AUTHENTIC DEED MADE BY NOTARY IN SUSPECT STATUS
The Notary in making an authentic deed as a general official applies to that, even though he is not involved in the forgery that occurs in the authentic deed, the Notary can be summoned by the Indonesian National Police as a witness. then it turns out that sufficient original evidence is found for the involvement of the Notary, then it is possible that the Notary can be made a suspect. As long as the Notary is in the status of a suspect, how is the legal protection for a Notary suspected of committing a criminal act? how is the validity of the deed made by a notary in the status of a suspect? The purpose of this study is to find out how is the protection of a notary who is suspected of committing a criminal act and the validity of an authentic deed made by a notary who is currently in the status of a suspect. This study uses a normative juridical method. In accordance with the applicable law, legal protection for a Notary is in the right of notarizing a Notary and also the procedure for summoning a Notary. A notary is in suspect status if he continues to make a deed because of the absence of a notary in making a deed, he is in the status of not being dismissed, suspended (suspended), fired and retired. Notary as after the suspect is not necessarily guilty and the principle of presumption of innocence must be upheld, until a court decision has definite legal force. It depends on the community still willing to use the services of a notary who is in the status of a suspect or not.
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