Tanggung Jawab Dan Perlindungan Hukum Notaris Terhadap Waarmerking Akta Dibawah Tangan

Aurelia, Tsabita Ritza and , Fahmi Fairuzzaman, S.H.,M.H., L.L.M.. (2024) Tanggung Jawab Dan Perlindungan Hukum Notaris Terhadap Waarmerking Akta Dibawah Tangan. Skripsi thesis, Universitas Muhammadiyah Surakarta.

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Abstract

Waarmerking is a private deed that is registered to be given a definite date. Article 15 paragraph (2) paragraph b UUJN states that a Notary has the authority to record documents privately, by registering them in a special book. The weakness is that the notary does not know the contents of the private letter, the notary is only authorized to register the letter without seeing or asking for clear information regarding the contents of the letter. So in practice, many Notaries are caught in legal problems, where Notaries are often called as witnesses, or even defendants in legal cases. This research is qualitative research, namely normative law, which is a type of library research that focuses on document study. The purpose of this research is to determine the responsibilities of notaries and the notary's protection against misrepresentation of deeds. The research results show several aspects of the notary's responsibility for private deeds. First, the 2 evidentiary power of a private deed certified by a notary is not comparable to an authentic deed, because the evidentiary power lies in the signatures acknowledged by the parties. Second, the notary is not responsible for the contents of the letter and the signatures of the parties in waarmerking in court, only focusing on ensuring the date the letter was made. Furthermore, the notary has responsibility for recording and storing deeds, as well as security procedures, such as requesting photocopies of KTPs from the parties involved. Notary protection in the context of waarmerking can be seen through the presence of the Notary Honorary Council and the right of disapproval, which allows the notary to be freed from the obligation to provide information as a witness to maintain the confidentiality of the contents of the deed. Checking the identity of parties is considered a preventive measure by notaries in protecting themselves from involvement in unlawful transactions. In the context of Islamic law, notaries are required to uphold justice, protect people's rights, reject practices that conflict with sharia, and uphold the values of honesty and integrity.

Item Type:	Thesis (Skripsi)
Uncontrolled Keywords:	Notary, Responsibility, Legal Protection, Waarmerking
Subjects:	K Law
Divisions:	Fakultas Hukum > Hukum
Depositing User:	TSABITA RITZA AURELIA
Date Deposited:	03 Apr 2024 08:40
Last Modified:	03 Apr 2024 08:40
URI:	http://eprints.ums.ac.id/id/eprint/122728

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