TINJAUAN YURIDIS PASAL 53 UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS

Main Authors: , R. Dharma Indra wijaya, , Dr Djoko Sukisno,SH,CN
Format: Thesis NonPeerReviewed
Terbitan: [Yogyakarta] : Universitas Gadjah Mada , 2013
Subjects:
ETD
Online Access: https://repository.ugm.ac.id/118765/
http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=58741
Daftar Isi:
  • This study aims to describe the juridical analysis on provisions of Article 53 UUJN / Notary and legal consequences for the deed he made if violating the article. The study on the juridical review article 53 UUJN is a normative juridical research which based on literature study by reviewing the terms of the legislation applicable in Indonesia and other legal materials. The literature review conducted by studying the laws in force in Indonesia and using other legal materials. The field research is performed to obtain primary data, while the literature study is conducted to obtain the secondary data. Based on the survey result, it revealed that : (1) the juridical reason of Article 53 UUJN has provision that Notary should not make any deed to the parties that prohibited in the article in order to make the deed to be authentic, then, he does not allowed to make any stipulation or provision that gives something exceeding the rights or proportion or exceed the appropriate limits. The notary should be independent, impartial, and honest in acting, and thoroughly. (2) Sanction and legal effect for notary and the deed that if violating Article 53 UUJN. The notary has civil responsibility and accountability under the law Notary. Status for acta, the judge can decide that any deed which has clause which give benefit to the notary, the witnesses with family relation should be declared void, but the deed remains authentic with strong evidentiary, fullest, and perfect.