与涉及外国人的土地买卖有关的名义贷款协议(代理人)的公证权

Irawan Aprian, Gatot Dwi, Kurniawan
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引用次数: 0

摘要

本研究旨在分析公证人订立契约的权力是否适用于所有形式的协议,以及公证人在订立与外国人买卖土地相关的贷款协议(代名人)契约方面的责任是什么。本法律研究方法采用规范性法律研究。采用的方法是法定方法和概念方法。通过研究,作者发现,首先,2014 年第 2 号法律第 15 条第(1)a 款与 1960 年第 5 号法律第 15 条第(1)a 款之间存在不协调,前者涉及对 2004 年第 30 号法律《公证人地位法》(以下简称 UUJN)的修订,后者涉及《土地原则基本条例》(以下简称 UUPA)。UUJN 第 15 条第(1)款规定,公证人有权就法定法规要求和/或有关各方希望在真实契约中说明的所有契约、协议和条款制作真实契约,这往往是外国人和印尼公民进行合法走私行为的漏洞,而且往往涉及公证人在与外国人买卖土地有关的贷款协议(代名人)中的参与,这与《土地法》第 21 条规定的只有印尼公民才能拥有财产权相悖。由于这一准则的冲突,公证人的契约权并不适用于所有形式的协议。其次,如果证明公证人实施了合法走私行为,公证人必须对其行为承担民事、行政和刑事责任。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Notary's Authority to Make Deeds of Name Loan Agreement (Nominee) Related to Sale And Purchase a Land Involving Foreigners
This research aims to analyze whether the authority to make deeds of a Notary applies to all forms of agreement and what is the Notary's responsibility for making Deeds of loan agreements (nominees) related to buying and selling land involving foreigners. This legal research method uses normative legal research. The approach used is a statutory approach and a conceptual approach. From this research the author found, firstly, that there is disharmony between article 15 paragraph (1) a of Law number 2 of 2014 concerning amendments to Law number 30 of 2004 concerning the Position of Notaries hereinafter abbreviated as UUJN and Law number 5 of 1960 concerning the Basic Regulations on Agrarian Principles, hereinafter abbreviated to UUPA. Where in article 15 paragraph (1) a UUJN which states that Notaries have the authority to make authentic deeds regarding all deeds, agreements and provisions required by statutory regulations and/or which are desired by interested parties to be stated in authentic deeds, this is often a loophole in a acts of legal smuggling carried out by foreigners and Indonesian citizens and often involving notaries in a loan agreement (nominee) related to the sale and purchase of land involving foreigners, which is contrary to UUPA article 21 which states that only Indonesian citizens can have property rights. Due to this conflict of norms, the authority to make deeds of a notary does not apply to all forms of agreements. Secondly, if the notary is proven to have committed an act of legal smuggling, the notary must be responsible for his actions both civilly, administratively and criminally.
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