Skripsi

PERTANGGUNGJAWABAN SAKSI INSTRUMENTER PADA AKTA NOTARIS APABILA TERJADI PERMASALAHAN HUKUM

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This study discussed the limits of the legal liability of instrumental witnesses in notary deeds and formulated the concept of legal protection in the future. The background of this research was the unclear limits on the responsibility of instrumental witnesses in legal practice which were often drawn because of material liability for the content of deeds, and the absence of strict regulations in the Law on Notary Positions (UUJN-Undang-Undang Jabatan Notaris) regarding the legal protection for instrumental witnesses. The research method used a normative juridical method with a legislative approach and a conceptual approach. The legal materials included primary, secondary, and tertiary materials. The results of this study show that based on the Hans Kelsen's Theory of Liability, the legal responsibility of instrumental witnesses is formal and administrative, limited to fulfilling the procedures for attending and witnessing the signing of deeds regulated in Article 40 of the Law on Notary Positions. In the event of a formal defect that causes the deed to be degraded into a deed under hand, the responsibility for compensation remains the burden of the notary, unless the witness is proven to have committed a criminal act. The ideal concept of legal protection for instrumental witnesses is to provide permission to examine witnesses by law enforcement in order to ensure the legal certainty, in carrying out their duties and positions.

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Availability

Detail Information

Series Title

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Call Number

T1946092026

Publisher

Indralaya : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya., 2026

Collation

xiii, 129 hlm.; ilus.; tab.; 29 cm.

Language

Indonesia

ISBN/ISSN

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Classification

346.020 7

Content Type

Text

Media Type

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Carrier Type

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Edition

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Subject(s)

Akta Notaris
Prodi Magister Kenotariatan

Specific Detail Info

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Statement of Responsibility

TUTI

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