LEGAL CONSEQUENCES OF THE VALIDITY OF THE AUTHENTIC DEED IN THE NOTARY CONTRACT AGREEMENT BEFORE THE PARTIES IN THE ABSENCE OF A NOTARY
Isi Artikel Utama
Abstrak
Abstract
Background. This study analyzes the legal consequences of the validity of authentic deeds in agreements (akad) made without the presence of a notary.
Aims. An authentic deed has an important role as a strong evidence in proving the validity of an agreement.
Result. However, the absence of a notary at the time of the contract can affect the validity and evidentiary strength of the deed.
Conclusion. Using a normative juridical approach, this study shows that the making of deeds without the presence of a notary can cause legal uncertainty for the parties involved and potentially cause adverse legal consequences.
Implementation. Therefore, the author suggests the need to affirm the obligation of the notary in ensuring his presence in person to ensure the certainty and legal force of the deed made.
Rincian Artikel
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Referensi
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Journals and other Resources
Inri Januar, Poltak Siringoringo, Paltiada Saragi.2024.Changing the quality of a notary deed to become a deed under hand or becoming baral for the sake of law based on the law on the position of notary. Honeste Vivere Journal.
Noer, Zakiah and Basid Abdul.2024.Notary Responsibility for Deeds Signed Without the Presence of Witnesses. Faculty of Law, University of Gresik
Romauli, Sibuea Mia Augina, Sulistyarini, Rachmi, and Susilo Hariyanto.2023. Notary Civil Responsibility for Defective Sale and Purchase Binding Agreement Deed Comparison quoted from Pertiwi Rouli Anita Valentina The Impact of Deed Degradation on the Notary's Position. Kertha Semaya Journal
Sulihandari, Hartanti and Nisya Rifiani.2013.Basic Principles of the Notary Profession, Smart World, Jakarta
Syaifuddin, Didid Muhammad.2022.Legal protection for the public on the legal certainty of authentic notary deeds against deeds that are not read and explained to the parties.Thesis, Faculty of Law, Sultan Agung Islamic University, Semarang.
Kirana. 2024. The Difference Between Authentic Deeds and Deeds Under Hand. Retrieved April 2, 2025,from https://kontrakhukum.com/article/perbedaan-akta-otentik-dan-akta-di-bawah-tangan/
Yunian, Rizky.2022.The validity of the notary deed that was not read by the notary in front of the witnesses and witnesses at the time of signing the deed minuta. Master of Notary, Faculty of Law, Islamic University of Indonesia.
Laws and Regulations
Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Position of Notary.