The Power of Authentication of Notary Deed in Justice in Indonesia

Ummi Maskanah, . and Dian Melinda Oktavia, . (2020) The Power of Authentication of Notary Deed in Justice in Indonesia. International Journal of Latin Notary, 1 (1). pp. 5-9.

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Abstract

The notary must always apply the precautionary principle and always pay attention to Article 28 paragraph (1) of the Notary Position Regulation carefully, because in my opinion, whether authentic or not, a deed is not valid if it is only considered to be made by and/or in the presence of officials. In drawing up a deed, attention must also be paid to three aspects, namely: the outward aspect (uitwendige bewijskrach), that is, the ability of the deed itself to prove its validity as an authentic deed2; the formal aspect, (formele bewiskracht) that is, the Notary Deed must provide certainty that an event and the facts in the deed are actually carried out by the Notary or explained by the parties that appear at the time stated in the deed in accordance with the procedures specified in the making of the Notary Deed. Therefore, the Notary as a public official who is authorized to make the Authentic Deed, can be held accountable or sued by the parties if the deed they made has been proven to cause harm to the parties in the deed. Keywords: Notary, Authentication and Justice.

Item Type: Article
Subjects: JOURNAL
Divisions: Fakultas Hukum > Ilmu Hukum 2020
Depositing User: Lilis Atikah
Date Deposited: 26 Feb 2021 05:23
Last Modified: 26 Feb 2021 05:23
URI: http://repository.unpas.ac.id/id/eprint/50905

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