Search engine for discovering works of Art, research articles, and books related to Art and Culture
ShareThis
Javascript must be enabled to continue!

Ratio Decidendi District Court Decision in Case of Deed Not Read Based on Notary Position Law (Decision No 873/Pdt.G/2013/ Pn.Sby)

View through CrossRef
This research is aimed at analyzing the Ratio Decidendi of District Court Decision No. 873/Pdt.G/2013/PN.Sby against notaries who do not read their deeds. The purpose of this research is to determine and analyze the Decidendi Ratio of District Court Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary. Then to analyze the responsibilities of notary officials based on article 16 paragraph 1 letter (m) of the Law on Notary Positions. This type of research uses normative juridical research using a statutory approach and a conceptual approach using literature study legal material search techniques. The analysis technique used in this research is the interpretation technique used is systematic interpretation. Based on this, the problem formulation is (1) What is the judge's consideration (Ratio Decidendi) regarding Decision No. 873/Pdt.G/2013/PN.Sby regarding deeds that were not read by a notary? and problem formulation (2) What are the responsibilities of notary officials for deeds that are not read out based on article 16 paragraph 1 letter m based on the Law on Notary Positions? (1) Ratio Decidendi, namely the implementation of a decision with a ruling that the lawsuit cannot be accepted (Niet Ontvankelijk verklaard) in District Court Case No. 873/Pdt.G/2013/PN.Sby, even though in principle the lawsuit is not accepted, the notary still has responsibility for deed that he has made. Even though in principle the lawsuit is not accepted, the judge should consider not carrying out the obligation to read the deed by a notary(2) The Notary's responsibility for a deed that is not read, in this case the Notary can be sued because the authentic deed is downgraded to a private deed and then be sued civilly, namely regarding compensation based on 1365 of the Civil Code, as well as administrative sanctions based on the Code of Ethics. Notary. The advice that can be given is that during the examination of the case, if the lawsuit contains formal defects, it is better to stop it so that the decision is not rejected. Then the parties in the lawsuit must make a detailed lawsuit so that the lawsuit can be granted. Then there are administrative sanctions for the notary who does not carry out the obligation to read the deed. less severe and less of a deterrent effect, then the supervisory board should ensure that the deed made by the notary is truly authentic or not during its inspection and there should be a clear place for complaints for the public to the regional supervisory board.
Title: Ratio Decidendi District Court Decision in Case of Deed Not Read Based on Notary Position Law (Decision No 873/Pdt.G/2013/ Pn.Sby)
Description:
This research is aimed at analyzing the Ratio Decidendi of District Court Decision No.
873/Pdt.
G/2013/PN.
Sby against notaries who do not read their deeds.
The purpose of this research is to determine and analyze the Decidendi Ratio of District Court Decision No.
873/Pdt.
G/2013/PN.
Sby regarding deeds that were not read by a notary.
Then to analyze the responsibilities of notary officials based on article 16 paragraph 1 letter (m) of the Law on Notary Positions.
This type of research uses normative juridical research using a statutory approach and a conceptual approach using literature study legal material search techniques.
The analysis technique used in this research is the interpretation technique used is systematic interpretation.
Based on this, the problem formulation is (1) What is the judge's consideration (Ratio Decidendi) regarding Decision No.
873/Pdt.
G/2013/PN.
Sby regarding deeds that were not read by a notary? and problem formulation (2) What are the responsibilities of notary officials for deeds that are not read out based on article 16 paragraph 1 letter m based on the Law on Notary Positions? (1) Ratio Decidendi, namely the implementation of a decision with a ruling that the lawsuit cannot be accepted (Niet Ontvankelijk verklaard) in District Court Case No.
873/Pdt.
G/2013/PN.
Sby, even though in principle the lawsuit is not accepted, the notary still has responsibility for deed that he has made.
Even though in principle the lawsuit is not accepted, the judge should consider not carrying out the obligation to read the deed by a notary(2) The Notary's responsibility for a deed that is not read, in this case the Notary can be sued because the authentic deed is downgraded to a private deed and then be sued civilly, namely regarding compensation based on 1365 of the Civil Code, as well as administrative sanctions based on the Code of Ethics.
Notary.
The advice that can be given is that during the examination of the case, if the lawsuit contains formal defects, it is better to stop it so that the decision is not rejected.
Then the parties in the lawsuit must make a detailed lawsuit so that the lawsuit can be granted.
Then there are administrative sanctions for the notary who does not carry out the obligation to read the deed.
less severe and less of a deterrent effect, then the supervisory board should ensure that the deed made by the notary is truly authentic or not during its inspection and there should be a clear place for complaints for the public to the regional supervisory board.

Related Results

AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN
AKIBAT HUKUM BAGI NOTARIS YANG MENOLAK PROTOKOL DARI NOTARIS LAIN
Notary is a public official authorized to make an authentic deed to the extent that the making of such a certain authentic deed is not reserved for other general officials. The mak...
TANGGUNG JAWAB NOTARIS ATAS PELANGGARAN TERHADAP PENANDATANGANAN AKTA YANG TIDAK DILAKUKAN DIHADAPAN NOTARIS
TANGGUNG JAWAB NOTARIS ATAS PELANGGARAN TERHADAP PENANDATANGANAN AKTA YANG TIDAK DILAKUKAN DIHADAPAN NOTARIS
Abstract            The deed made by or before a Notary is an authentic deed, the party who denies the truth of an authentic deed must be able to prove otherwise. It is necessary t...
Envisioning Originalism Applied to Bioethics Cases
Envisioning Originalism Applied to Bioethics Cases
Photo ID 123697425 © Alexandersikov | Dreamstime.com Abstract Originalism is an increasingly prevalent method for interpreting provisions of the US Constitution. It requires strict...
Kedudukan Akta Fidusia Yang Dibuat Oleh Notaris Yang Diluar Daerah Jabatannya
Kedudukan Akta Fidusia Yang Dibuat Oleh Notaris Yang Diluar Daerah Jabatannya
ABSTRAKPasal 17 Undang-Undang Nomor 2 Tahun 2014 perubahan atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris yang mengatur bahwa Notaris hanya berwenang untuk membuat ...
Juridical Review of Cancellation of Notary Deed
Juridical Review of Cancellation of Notary Deed
The purpose of this study is to determine the factors causing the cancellation of a notary deed and to know the responsibilities of a notary on the cancellation of the deed. The re...
The Power of Authentication of Notary Deed in Justice in Indonesia
The Power of Authentication of Notary Deed in Justice in Indonesia
Next to examine the second possibility of the matter in the case of the creation of the notarial deed itself so that the problem with the legal position (the Authentic Deed) in the...
Legal Consequences for Deed that is Not Signed Before a Notary
Legal Consequences for Deed that is Not Signed Before a Notary
Notary Deed Signing is not in the notary’s office, even though the act is at risk of violating the rules of the notary position law and notary code of ethics, but it is still car...

Back to Top