KEWENANGAN NOTARIS DALAM PEMBUATAN AKTA PERDAMAIAN TERHADAP PIHAK YANG BERSENGKETA DI KABUPATEN SINTANG PROPINSI KALIMANTAN BARAT
| Main Authors: | , DHONNY TRI LAKSONO, , Kunthoro Basuki, S.H., M.Hum. |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/122911/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=63020 |
Daftar Isi:
- This research was a jurisdiction empirical research. It was a research studying the implementation of law in its practice in the society. As a jurisdiction empirical research, thus this research was based on library research covering law materials having benefit to obtained secondary data and also field research (empirical) to obtained primary data related to the empirical research. This research was aimed to: (1) Find out the authority of notary in making deed of reconciliation for disputing parties, (2) Find out the legal power of deed of reconciliation made by notary for disputing parties, (3) Find out whether the deed of reconciliation made by notary can meet the need of the disputing parties or not. Based on the research, it can be concluded that first, notaries in Sintang Regency of West Kalimantan Province could run their job as public officers having authority to make deed of reconciliation. The authority is based on Article 15 paragraph (1) of Act Number 30 Year 2004 about the Incumbency of Notary. In relation with this, the main duty of notary is to make authentic deed as the strongest prove and most fulfilled, in which the deed of reconciliation made by notary is an authentic deed. Second, the legal power deed of reconciliation made by notary in Sintang Regency of West Kalimantan Province for the disputing parties is that the reconcilement deed, as long as it is agreed by the parties, does not always need approval from the court because it has been carried out willingly based on good will and agreement of win-win solution of the parties, in which in its proving, the deed of notary is an officer deed having perfect proving power so that after the deed is signed by the parties, then the deed is binding and applied for those parties. Third, deed of reconciliation is partij acte, in which the basic consideration in making that authentic deed is the will and request of the parties involved, so that although there are rights which are not fulfilled with the win-win solution, it can be meant that the deed of reconciliation made by notary in Sintang Regency West Kalimantan Province has net the need of the disputing parties, because it was based on good will of the involved parties in managing the dispute. The advice given is (1) Notary in implement incumbency should hold fast to the Act the Incumbency of Notary and Notary Code of Ethics. (2) Before making a deed, notary should ensure the formal correctness of the party facing. (3) Notaries are expected to act in a neutral so the parties desire can be met and implemented in accordance with their wishes through a deed of reconciliation made by a notary.