Title of article
legal efforts for notary who becomes a defendant in civil cases regarding the deed he/she made
Author/Authors
busrizal, frana andalas university - faculty of law, padang, indonesia , yuslim andalas university - faculty of law, padang, indonesia , khairani andalas university - faculty of law, padang, indonesia
From page
576
To page
584
Abstract
in indonesia, a notary is one of the positions that provides services to the public in the inclusion of their wishes in written form. however, in reality, the role of the notary, in providing services in the civil sector, also often places them as a defendant or co-defendant in a case between the parties to the dispute. thus, it raises the presumption that the notary is a party to the deed. the formulation of the problems in this study include: a) how is the legal effort for the notary who became a defendant in a civil case related to the deed he/she made? b) how is the strength of proof on the deed that the notary made? c) what efforts have been made by the notary to defend the deed he made? this study applies a sociological juridical approach. in addition, this study uses primary and secondary data in which they are analyzed qualitatively. the results of the study indicate that: 1) in the case of a notary who is also a defendant in a civil case, the provisions of article 66 of the law of notary position do not apply to him/her. so, in order to protect themselves and their positions in court, the notary may make several legal efforts. the first, before the verification phase in the court, is to make a claim of reconciliation. the second, after the decision of the panel of judges, is to make an ordinary legal effort; i.e. appeal to the high court, appeal to the supreme court and review. then, the effort of the resistance law (verzet) was carried out on the decision of the verstek. 2) the strength of proof of the notarial deed is divided into 3 (three) types, i.e. the strength of outward proof, the strength of formal proof, the strength of material proof. 3) efforts made by the notary to defend the deed that he/she made are divided into
Keywords
legal effort , notary , authentic deed
Journal title
International Journal of Multicultural and Multireligious Understanding
Journal title
International Journal of Multicultural and Multireligious Understanding
Record number
2566405
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