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Journal articles on the topic 'Authentic deed; evidence; civil law'

Author: Grafiati

Published: 5 June 2025

Last updated: 2 August 2025

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1

Dwi, Tatak Subagiyo, Herlina Indah, Jelita Aura, Alifiandi Martio Pratama, and Setiawan Ahmad. "Authentic Deeds as Evidence in Civil Cases." International Journal of Social Science and Human Research 07, no. 02 (2024): 1066–82. https://doi.org/10.5281/zenodo.10651557.

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Deeds in law have a very important function and role in proving to resolve legal problems, especially authentic deeds. Authentic deeds in resolving civil cases are very important for determining rights and obligations when a dispute arises from a civil legal relationship. In social life there is always a gap between practice and theory, especially regarding the rights and obligations of the parties. The existing problems are: 1. how to apply Authentic Deed Evidence in civil cases in court, 2. what is the judge's consideration (legal reasoning) in assessing authentic deeds which are argued to h

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Stefin, Adie Marthin. "PERBANDINGAN KEKUATAN PEMBUKTIAN AKTA OTENTIK DALAM PERKARA PERDATA DAN PERKARA PIDANA." JURTAMA 1, no. 1 (2019): 12–24. http://dx.doi.org/10.31090/jurtama.v1i1.801.

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Authentic deeds as perfect evidence (volledig bewijskracht) and binding (bindende bewijskracht), so that authentic deeds can stand alone without the support of other evidence. This study analyzed the differences in the power of authentic authentic deeds in civil and criminal cases and the power to prove authentic deeds in criminal cases still requires other evidence to determine their perfection. The research method used normative legal research while the problem approach is carried out using a legal approach and conceptual approach. The results of the study indicate that the evidentiary law i

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3

Rafiqi, Rafiqi, and Marsella Marsella. "Legal Satisfaction of Electronic Authentic Diction Made Notary in Facing Industrial Revolution 4.0." Budapest International Research and Critics Institute (BIRCI-Journal) : Humanities and Social Sciences 3, no. 1 (2020): 328–33. http://dx.doi.org/10.33258/birci.v3i1.778.

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Notary has the authority to make an Authentic Deed based on article 1867 of the Civil Code. Proof of evidence in writing is done by authentic writing or writing under the hand. Along with advances in technology, each transaction using electronic information technology makes it easy for parties to make agreements through online. However in reality the Authentic Deed made by a Notary Public must be adjusted to Law Number 30 of 2004 amending the Law Number 2 of 2014 about the position of Notary Public. The formulation of the problem in this research is How Positive Law about the Certainty of Auth

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Agustini, Putu Ayuk Sapta, I. Nyoman Putu Budiartha, and Ida Bagus Agung Putra Santika. "AUTHENTICITY OF DECLARED NOTARY ACTIVITIES BY USING THE PHOTO DOCUMENT MINUTA SIGNING OF ASSET." NOTARIIL Jurnal Kenotariatan 6, no. 1 (2021): 46–52. http://dx.doi.org/10.22225/jn.6.1.3611.46-52.

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Influence arising from technological developments has an impact on changes in society in the field of law, especially in terms of evidence using electronic devices as an extension of evidence in the law in Indonesia. This study aims to determine the responsibility of a Notary to an authentic deed made by and/or before a Notary Public based on the provisions of UUJN jo UUJN-P and to find out the legal impact arising related to the use of photo documents as an expansion of new evidence towards the authenticity of an authentic deed. The method used in this study is a normative perspective with a

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Aulia, Nisa, and Syuryani Syuryani. "Validity of Degraded Authentic Deeds in Court." JURNAL MAHASISWA YUSTISI 2, no. 1 (2024): 46–52. https://doi.org/10.32832/jurmayustisi.v2i1.733.

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This research aims to determine the validity of authentic deeds that are degraded in court and to determine the legal consequences of authentic deeds that are degraded in court. Using a normative juridical approach, in the case it is discovered that the Plaintiff in this case wants the Deed made by the Notary to be legally invalid. The deed was canceled on the main reason that the signing of the deed was based on an unclear power of attorney and did not involve the plaintiff as the legal heir. The judge in his decision granted the plaintiff's lawsuit and canceled the deed. This cancellation me

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Aulia, Nisa, and Syuryani Syuryani. "Validity Of Authentic Deeds Degraded In Court." JURNAL MAHASISWA YUSTISI 2, no. 2 (2024): 51–57. https://doi.org/10.32832/jurmayustisi.v2i2.978.

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This research aims to determine the validity of authentic deeds that are degraded in court and to determine the legal consequences of authentic deeds that are degraded in court. Using a normative juridical approach, in the case it is discovered that the Plaintiff in this case wants the Deed made by the Notary to be legally invalid. The deed was canceled on the main reason that the signing of the deed was based on an unclear power of attorney and did not involve the plaintiff as the legal heir. The judge in his decision granted the plaintiff's lawsuit and canceled the deed. This cancellation me

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Yensih, Yensih, Sukarmi Sukarmi, and Lathifah Hanim. "The Law Strength Of Under Hand Deed That Has Passed By Notary as an Authentic Deed in the Proof of Civil Case in District Court of Cirebon." Jurnal Akta 6, no. 4 (2020): 661. http://dx.doi.org/10.30659/akta.v6i4.7596.

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The purpose of this study was to determine: 1) The legal force under hand deed that has been approved by Notary as proof of the authentic deed in civil cases in District Court of Cirebon 2) The weakness of the legal strength under hand deed that has been approved by Notary as proof of the authentic deed in civil cases in District Court of CirebonThe approach used in this paper is empirical juridical with the help of primary data or empirical data as the main data. Sources of primary data obtained through interviews, while secondary data obtained rehabilitated and reconstructed by literature. D

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Binsneyder, Meike. "Reliability of Notary Deals Issuing Authentic Assets Using Electronic Networks." International Journal of Multicultural and Multireligious Understanding 8, no. 5 (2021): 185. http://dx.doi.org/10.18415/ijmmu.v8i5.2635.

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This study uses normative research because this research is only aimed at the study of various written regulations. Referring to the provisions of Law of the Republic of Indonesia Number 2 of 2014 concerning the Position of Notary Public (Law No.2-2014), it’s known that Notaries have an important role and function in determining the validity of transactions in Indonesia. Even the Notary is also known as a trusted third party. Likewise, in the scope of the task of carrying out the position of a Notary, namely providing the evidence needed by the parties in a certain legal action, and the eviden

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Alyafie, Zahren Zukri, and Amin Purnawan. "Implementation of Notary Public Liability against Authentic Deed Made According to Act No. 2 of 2014 Concerning Amendments to Act No. 30 of 2004 Regarding Notary Position." Sultan Agung Notary Law Review 3, no. 1 (2021): 80. http://dx.doi.org/10.30659/sanlar.3.1.80-87.

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This study aims 1) To find out the implementation of the Notary Public Responsibilities on the Authentic Deed made according to Act No. 2 of 2014 concerning Amendments to Act No. 30 of 2004 concerning Notary Position in Kendari City; 2) To find out obstacles and solutions in the Implementation of Notary Responsibilities for the Authentic Deed he made in Kendari City. This study uses an empirical juridical approach, the specification of this research is descriptive analytical. Types of data in this study include primary data and secondary data. Data obtainedwith the method of interview and lite

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Munte, Pangeran Batara Bonardo. "ANALISIS HUKUM ATAS TANGGUNG JAWAB NOTARIS TERHADAP TERJADINYA PERBEDAAN SAKSI DALAM SALINAN AKTA DENGAN MINUTA AKTA (STUDI KASUS PUTUSAN M.A NO. 2468-K/PID/2006)." Ilmu Hukum Prima (IHP) 5, no. 2 (2022): 124–34. http://dx.doi.org/10.34012/jihp.v5i2.2949.

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The result of the research shows that the evidence inhered to the authentic deed is tangible evidence, formal evidence, or material evidence. In this case, the Panel of Judges of the Supreme Court use material evidence, the truth of the content of authentic deed, because in their legal opinion, in this casse, the problem is the content of the deed not the names of the witnesses. The Notary has issued the copy of the deed with different witnesses from those that are specified in the deed minute which later becomes a claim or complaint from the person who has complaint about the deed made by the

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Aliffianti Putri Irfani, Mohammad Roesli, and Ebit Rudianto. "Juridical Review of the Civil Dispute Peace Deed Made Before Notary." YURISDIKSI : Jurnal Wacana Hukum dan Sains 19, no. 1 (2023): 1–14. http://dx.doi.org/10.55173/yurisdiksi.v19i1.149.

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The purpose of this study was to determine the legal position of a civil dispute settlement agreement and to determine the role of a notary based on position in making a civil dispute settlement agreement. The research method uses descriptive methods to explain, describe, and describe in accordance with the problems that are closely related to this research, and comparative methods to find similarities and differences of opinion by experts to be used as a comparison. The results of the research The legal position of the Peace Deed made before a notary is an authentic deed, which has legal forc

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Alyafie, Zahren Zukri, and Amin Purnawan. "The Implementation of Legal Responsibilities Of Notary on Authentic Deed Which His Made Based On Act No. 2 of 2014 On the Amendment of Act No. 30 of 2004 On Notary in Kendari." Jurnal Akta 7, no. 2 (2020): 271. http://dx.doi.org/10.30659/akta.v7i2.8104.

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This study aims 1) To determine the implementation of the Civil Liability of the Deed Notary in Authentic are made according to Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 On Notary in Kendari; 2) To determine the barriers and solutions in the Implementation Responsibility Against Notary Authentic Deed had made in Kendari.This study uses empirical juridical approach, the specification of this research is descriptive. The type of data in this study include primary data and secondary data. Data obtainedthe method of interview and literature. Data analysis technique is qualitative.Ba

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Syamila, Najma, Michellena Michellena, and Salsabillah Ayu Puspita. "Sale and Purchase Deed as Evidence in Resolving Land Sale and Purchase Default Disputes." Jurnal Indonesia Sosial Sains 5, no. 06 (2024): 1469–77. http://dx.doi.org/10.59141/jiss.v5i06.1156.

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Indonesia as a country of law adheres to the Civil Law system where the source of Law and all rules applied in Indonesia must be based on what has been codified or written in the form of a law. The type of research used is qualitative research derived from legal materials. The research approach method used is laws and regulations and a case approach, with the method of collecting data from literature studies and data analysis using normative juridical analysis. It is divided into several legal orders, one of which we know, namely Civil Law. The problems handled in the Civil Law are individual

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Ayu, Rafida Sartika, Aris Prio Agus Santoso, and Taufiq Nur Muftiyanto. "Pembuktian Akta Dibawah Tangan Untuk Digunakan Sebagai Alat Bukti Di Pengadilan." RIO LAW JURNAL 6, no. 1 (2024): 172–87. https://doi.org/10.36355/rlj.v6i1.1478.

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Evidence is an important stage in civil proceedings. At the evidentiary stage, the parties are given the opportunity to show the truth of the legal facts in dispute. There are various types of evidence in the evidentiary stage in civil procedural law, one of which is written/letter evidence. The purpose of this research is to find out the legal proof of private deeds and to find out the legal steps to test the proof of private deeds. The method used in this research is normative, with research specifications being analytical descriptive. The results of the research show that proof of the under

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Vianney Bagus Raditya, Yohanes Mario, Sihabudin, and Hendrarto Hadisuryo. "Analysis of Problematic Credit Settlement: The Role of Notary in Resolving Nonperforming Loans through Collateral Acquisition." International Journal of Islamic Education, Research and Multiculturalism (IJIERM) 6, no. 1 (2024): 288–312. https://doi.org/10.47006/ijierm.v6i1.329.

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This research is intended to analyze the credit agreement in the Indonesian banking sector can be done through authentic deeds or underhand deeds. The author uses Socio Legal Legal Research Methods or commonly used with the term empirical juridical research. Empirical legal research, namely data obtained directly from the community as the first source through field research . Credit agreements that are regulated through authentic deeds have the advantage of strong evidentiary power, because the authentic deed is made before a notary or authorized employee according to the law in the place wher

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Saputra, Gede Wiyadhi Darma, Rodliyah Rodliyah, and Lalu Wira Pria Suhartana. "Implementation of Notary Prudence Principle in the Cooperative’s Deed of Establishment." International Journal of Multicultural and Multireligious Understanding 6, no. 4 (2019): 297. http://dx.doi.org/10.18415/ijmmu.v6i4.983.

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Notary has important role, especially in civil law by authority to make authentic deeds and other authorities. The notary need to be cautious and has the right or obligation to explore and extract information so the deed is perfect. In Cooperative establishment, authentic deed made by a notary, has power as a perfect evidence. However, when the authentic deed is made without prudence, chance that legal problem will arise in the future. We want to know, how is the prudence principle implemented in the cooperative’s deed of establishment in Indonesia and what is the legal consequences faced by n

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17

Pamitama, Laberqi. "TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA AUTENTIK YANG DIBUAT DIHADAPANNYA (ANALISIS PUTUSAN NOMOR 2022 K/PDT/2013)." UNES Law Review 3, no. 2 (2021): 136–48. http://dx.doi.org/10.31933/unesrev.v3i2.153.

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The Notary Deed in Article 1866 and Article 1867 of the Civil Code states that the Notary Deed is written evidence. In carrying out its duties, a Notary must be professional, this is stated in Article 16 letter of the Law on Notary Position. This research is a descriptive analytical study. The approach used in this research is a normative juridical approach. Based on the results of research and discussion, it can be concluded that: First, the form of Notary's legal accountability to the Authentic Deed made before him is the responsibility for the material correctness of the deed, then civil sa

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Pamitama, Laberqi. "TANGGUNG JAWAB HUKUM NOTARIS TERHADAP AKTA AUTENTIK YANG DIBUAT DIHADAPANNYA (ANALISIS PUTUSAN NOMOR 2022 K/PDT/2013)." UNES Law Review 3, no. 2 (2021): 136–48. http://dx.doi.org/10.31933/unesrev.v3i2.153.

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The Notary Deed in Article 1866 and Article 1867 of the Civil Code states that the Notary Deed is written evidence. In carrying out its duties, a Notary must be professional, this is stated in Article 16 letter of the Law on Notary Position. This research is a descriptive analytical study. The approach used in this research is a normative juridical approach. Based on the results of research and discussion, it can be concluded that: First, the form of Notary's legal accountability to the Authentic Deed made before him is the responsibility for the material correctness of the deed, then civil sa

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Arif, Wildan, Suci Kamilah, and Renaldy Afriyanto. "The Legality of Debt Agreement Via Whatsapp Messages." Jurnal Jurisprudence 11, no. 2 (2022): 253–66. http://dx.doi.org/10.23917/jurisprudence.v11i2.16889.

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Objective: This paper analyzes and studies the legal power of debt agreements through WhatsApp messagesMethodology: This research methods was juridical normative to analyze constitutional regulations or other legal sources that concern the legal basis of agreements. It uses a practical approachResults: The results showed that the debt agreement has fulfilled the required elements to make an agreement valid. It is a type of written agreement; thus, it can become written legal evidence in civil law trials in IndonesiaPurpose: The chat messages via WhatsApp indicate the creation of debt may becom

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Mawartiningsih, Anny, and Maryanto Maryanto. "TINJAUAN YURIDIS PRAKTEK PEMBUATAN AKTA NOTARIS DALAM HAL PENGHADAP MENGHADAP DALAM KURUN WAKTU DAN TEMPAT YANG BERBEDA." Jurnal Akta 4, no. 2 (2017): 119. http://dx.doi.org/10.30659/akta.v4i2.1754.

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Research on "Judicial Review of the Practice of Notarial Deed Making in the Facing Facing in Different Time and Place" aims to know and analyze the provisions or rules in authentic deed making by Notary in accordance with the applicable Law, the practice of making the deed in the case of confronting facing in, different time and place, and the validity of deeds made in, respects in different times and places. The approach of this study is sociological jurisdiction and data collection through literature study, observation and interview. Data analysis is done qualitatively.The provisions or rule

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Nur Vikron P, Ahmad. "Akibat Hukum Pembiayaan dengan Akad Musyarakah Mutanaqishah yang dilaksanakan Secara di Bawah Tangan." Jurnal Officium Notarium 3, no. 2 (2023): 183–93. http://dx.doi.org/10.20885/jon.vol3.iss2.art9.

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Financing can be done using various types of contracts, one of which is: the musyarakah mutanaqishah contract. The agreement that arises from the contract is stated in the deed. Deeds consist of 2 (two) forms, namely authentic deeds and private deeds. An authentic deed provides perfect evidentiary power, while a private deed does not have perfect evidentiary power. Ideally, financing is carried out with an authentic deed. However, in practice, financing still occurs with a musyarakah mutanaqishah contract which is carried out privately, and then legalized before a notary. Based on this, it is

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Sanjaya, Danang, Bambang Tri Bawono, and Widayati Widayati. "The Gap Liability of Substitute Notary on the Authentic Deed which is Made based on the Terms of Notary Position." Sultan Agung Notary Law Review 4, no. 1 (2022): 241. http://dx.doi.org/10.30659/sanlar.4.1.241-156.

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This study aims to identify and analyze an authentic deed made by a substitute notary has the same power as perfect evidence as made by a notary official, to know and analyze the concept of a substitute notary so that the authentic deed product meets the requirements as perfect evidence like a notary official, and to find out and analyze examples of substitute notarial deeds. The research approach method used in this thesis is a normative juridical law research method. This research specification uses descriptive analysis. The type of data used in this research is primary data which includes t

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Kumala, Nirvana Rifka Dian, and Mahfud Fahrazi. "TINJAUAN YURIDIS TERHADAP PEMBUKTIAN HARTA BERSAMA DALAM PUTUSAN NOMOR 0133/Pdt.G/2016/PA.Kdr." Mizan: Jurnal Ilmu Hukum 12, no. 1 (2023): 106. http://dx.doi.org/10.32503/mizan.v12i1.4058.

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This master thesis is about the joint property’s evidence of the verdict number 0133/Pdt.G/2016/PA.Kdr. The evidences that submitted by defendant counterclaim were an authentic deed and two witnesses who are siblings of the defendant counterclaim, so according to that the judges decided to share the joint property of marriage againts the Compilation of Islam Law Section 97. The purposes of this master thesis are to analyze the validity of the evidences in joint property’s evidence and to analyze the judge’s considerations of the verdict number 0133/Pdt.G/2016/PA.Kdr. This master thesis is a no

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Rahmawati, I. Gusti Ayu Ria, I. Nyoman Putu Budiartha, and Ni Gusti Ketut Sri Astiti. "Tanggung Jawab Notaris terhadap Akta Otentik yang Dibuatnya Terkait Jangka Waktu Pensiun." Jurnal Konstruksi Hukum 1, no. 2 (2020): 329–33. http://dx.doi.org/10.22225/jkh.2.1.2555.329-333.

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An authentic deed is a letter whose form has been determined by law that can be used as perfect evidence made before a notary public. The notary concerned must take full responsibility in case of problems related to the deed he made, whether in Civil, Criminal, UUJN and Code of Ethics. The notary will be released from all of these responsibilities if he has retired from his position. This study aims to determine the responsibility of the notary for authentic deeds that are canceled in court and made after the retirement period. The research method used is normative law using a statutory approa

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Apriani, Nabilah, Irgi Alfian, and Melia Putri Purnama Sari. "The application of Cyber Notary in Indonesia." Jurnal Ius Constituendum 9, no. 1 (2024): 101–16. https://doi.org/10.26623/jic.v9i1.8129.

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The aim of this research is to analyze cyber notary practices in civil law countries and the nature of cyber notary in terms of evidentiary value. This research needs to be conducted due to technological developments and their relation to notary practices using cyber notaries. This research is carried out using a normative legal method by studying the regulations that apply in notarial practice with the aim of seeking legal proceedings based on positive law, supported by legal regulations regarding the position of notaries and legal regulations regarding legal matters. formal and transactional

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Aristyawan, Moh Adib, and Akhmad Khisni. "Judge Authority To Cancel The Notary Deed As Authentic Evidence." Jurnal Akta 6, no. 2 (2019): 337. http://dx.doi.org/10.30659/akta.v6i2.5066.

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The purpose of this study were 1) to identify and explain the authority of a judge to cancel the notarial deed as authentic evidence 2) To identify and explain the condition of the cancellation of a notary and legal consequences of the cancellation of an authentic deed. This research method is using empirical juridical approach "empirical juridical approach used to study the legislation. Specifications research used in this study is a descriptive analysis, from this study is expected to obtain a detailed and systematic description of the problem to be studied. Based on data analysis concluded

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Kurniasih, Ici. "Criminal Offence of Falsifying Authentic Deed In The Implementation of Notary Department." Authentica 3, no. 2 (2021): 119–40. http://dx.doi.org/10.20884/1.atc.2020.3.2.42.

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The notary in conducting his profession is not infrequently called by the police law as a suspect in connection with the forgery of the authentic deed he made, that the notary can be used as a suspect if the notary Deliberately make a false deed as requested by the parties, when the notary knows that the parties do not meet the terms of the validity of the alliance. This indicates that the notary does not cling to the notary Act (UUJN) and the notary Public Code of ethics, which resulted in a notary criminal can perform authentic acts of fraud/deed. The Notary Law (UUJN) does not formulate the

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Krisyanto, Tegas Hari, Zainul Daulay, and Benny Beatrix. "Strength of Evidence of Notarial Deed in the Perspective of Cyber Notary in Indonesia." International Journal of Multicultural and Multireligious Understanding 6, no. 3 (2019): 775. http://dx.doi.org/10.18415/ijmmu.v6i3.906.

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The objective of this study is to determine the opportunities, constraints and strength of evidence of notarial deed in the perspective of Cyber Notary in Indonesia. This study applies a normative juridical method using a conceptual and statute approaches. The results of the study found that a) the opportunity to implement Cyber Notary based on Law on Notary Position Amendment and Law on Information and Electronic Transactions turned out to face obstacles that actually originated from the provisions of the Law itself. This mainly concerns the procedure for the formality of notarial deed making

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Arwinilita, Bella, Siti Anggraini, Dwi Wisnu Wardana, Asep Hermawan, and Setiawan Widiyoko. "SEPARATION AGREEMENT ASSET FOR INDONESIAN CITIZENS MARRIED ABROAD." Jurnal Pembaharuan Hukum 8, no. 1 (2021): 1. http://dx.doi.org/10.26532/jph.v8i1.13734.

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Legal protection in agreements on the separation of assets in marriage between Indonesian citizens and foreign citizens as well as analyzing the authority of a notary in making an agreement on the separation of assets in marriage between Indonesian citizens. and foreign nationals. This research uses empirical normative research. The approach method used is a statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage contract can provide legal protection for the party who made it. The agreement deed made in the not

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Ratnasari, Ratnasari, and Akhmad Khisni. "PROBLEMATIKA HUKUM AKTA HIBAH ATAS TANAH YANG TIDAK SAH KARENA MELEBIHI BAGIAN TERKECIL AHLI WARIS." Jurnal Akta 4, no. 2 (2017): 197. http://dx.doi.org/10.30659/akta.v4i2.1783.

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A grant is a legal act of transfer of ownership that is deliberately given to another party. In Article 1682 of Civil Code states that the implementation of the grant is done by using an authentic deed. The finding of this research on the verdict of Klaten District Court no. 8 / Pdt. G / 2001 / PN.Klt, where the land grant with Grant Deed no. 387 / DLG / 23/1999 and Grant Deed no. 388 / DLG / 23/1999 dated 30 August 1999 which has been made by defendant I (Land grantee) is declared null and void because it is illegal (legal defect) and has no legal power to be used as evidence of land grant ri

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Aldy Valentino, M Arief Amrullah, and Ermanto Fahamsyah. "Perlindungan Hukum Terhadap Notaris Melalui Prinsip Kehati-Hatian Sebagai Upaya Pencegahan Tindak Pidana Pencucian Uang." Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora 1, no. 3 (2024): 215–28. http://dx.doi.org/10.62383/aliansi.v1i3.209.

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Financial transactions cause the emergence of legal relationships between two or more parties. In order to expedite the flow of financial transactions, it is required to produce evidence in the civil sector, therefore the participation of Notaries is required as a public official who has the task of making authentic deeds. The deed in question is an authentic deed made by or before a notary according to the form and procedures stipulated in the Law. In making authentic deeds, it is not uncommon for Notaries to meet with parties who are perpetrators of money laundering crimes with the aim of ob

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Khusniyah, Nurul Khotimatul, and Widayati Widayati. "Implementation of Signature Validity On Electronic Documents in Proof Indonesian Civil Procedure Law." Law Development Journal 3, no. 4 (2021): 767. http://dx.doi.org/10.30659/ldj.3.4.767-773.

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This study aims to identify and analyze the acknowledgment of signatures on an electronic document in the evidence of civil procedural law in Indonesia, and to find out and analyze the implementation of civil dispute resolution submitted by the parties by means of electronic documents signed with digital signatures. The method used in this research is to use an empirical juridical approach. Electronic documents, in this case digital signatures, can be used as evidence in court, which is an extension of the evidentiary law in Indonesia after the ITE Law, but only has the power of proof as an un

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Raditya, Ami, Regina Resentia, and Alicia Shafa Azzahra. "Ius Constituendum Principle of Facing Notary in Making Authentic Deed In the Perspective of Virtual Electronics (Cyber Notary)." Journal of Law, Politic and Humanities 4, no. 5 (2024): 1706–14. https://doi.org/10.38035/jlph.v4i5.555.

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In terms of making authentic deeds in Article 16 paragraph (1) letter m of Law Number 2 of 2014 concerning the Office of Notary explains that the Notary must be physically present and sign the deed in the presence of the face and witnesses, this is the case when compared to common law and civil law countries that have implemented the concept of cyber notary, so how is the legal arrangement expected in the future for the office of notary in Indonesia. This writing uses normative legal research methods with a statutory approach (statue approach) and conceptual approach (conceptual approach). The

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Mutaqin, Rizal. "The Urgency of Making Notary Deeds Electronically during the Covid-19 Pandemic." Sultan Agung Notary Law Review 4, no. 2 (2022): 652. http://dx.doi.org/10.30659/sanlar.4.2.652-664.

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One of the professions that is given the authority to make an authentic deed is a notary. There are three forms of state emergency status, namely civil emergency, military emergency, disaster emergency, and public health emergency. During the Covid-19 pandemic as it is today, electronic transactions are mostly carried out to reduce physical contact between humans which can increase the possibility of the spread of the Covid-19 virus. Considering the Law on Notary Positions requires that the deed be made before a notary. The author in this study used a normative juridical approach. Normative le

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Arwinilita, Bella, Gunarto Gunarto, and Anis Mashdurohatun. "Implementation of Deep Assets Separation Agreement of Indonesian Citizens Who Marriage with Foreign Citizens." Sultan Agung Notary Law Review 3, no. 1 (2021): 88. http://dx.doi.org/10.30659/sanlar.3.1.88-96.

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This study aims to analyze legal protection in the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign nationals and to analyze the authority of a notary on the making of an agreement on the separation of assets in marriage between Indonesian citizens and foreign citizens. This research uses empirical normative research. The approach method used is the statutory approach, conceptual approach and case approach. Based on the research results, it can be concluded that the making of a marriage agreement can provide legal protection for the parties

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., Hamler, Yulia Mirwati, Yulfasni ., and Zefrizal Nurdin. "Valid Requirements for Cessie Under Indonesian Civil Law." International Journal of Membrane Science and Technology 10, no. 5 (2023): 573–79. http://dx.doi.org/10.15379/ijmst.v10i5.2562.

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Cessie is a fundamental concept in Indonesian civil law that governs the transfer of rights to receivables or intangible assets. Understanding this concept is essential for conducting cassie transactions legally and effectively within the Indonesian civil law system. Cessie plays a crucial role in supporting commercial and financial activities in Indonesia by providing a clear legal framework for transferring rights. Several requirements must be met to ensure the validity of cassie under Indonesian civil law. Firstly, there must be a clear receivable as the subject of the proper transfer, incl

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Basri, Herlina. "Kekuatan Hukum Pembuktian Secara Akta Otentik di Tinjau dari Pasal 1868 Kitab Undang-undang Hukum Perdata dalam Proses Sengketa Perdata di Pengadilan." Rechtsregel : Jurnal Ilmu Hukum 4, no. 2 (2021): 133. http://dx.doi.org/10.32493/rjih.v4i2.16144.

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The evidence system relies heavily on how a legal expert provides definitions for each of these evidences. Legal experts will, of course, provide a definition by first defining the meaning of a proof. Some experts express their opinion regarding the meaning of the term system of proof as follows: R. Subekti gives insight in evidence, namely the process of proving and convincing the judge of the truth of the arguments put forward by the parties in a dispute argued the process. Sudikno Mertokusumo takes a different view, namely that what is termed in a legal sense from the context of evidence is

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Agung Laksono, Abdul Aziz Nasihuddin, and Siti Kunarti. "Notary Authority in Making Auction Minutes as Authentic Deed in the Implementation of Voluntary Auctions." Journal of Law, Politic and Humanities 5, no. 4 (2025): 2381–92. https://doi.org/10.38035/jlph.v5i4.1404.

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An auction is a public sale of goods through bidding, requiring the issuance of an auction minutes (auction minutes). These minutes, prepared by an authorized auction official, are authentic deeds with perfect evidentiary strength. The study focuses on the notary's authority to draft auction minutes and their legal validity as authentic evidence in court when acting as an auction official. This research employs a normative juridical method, analyzing the application of legal norms in positive law. Vendu Reglement, PMK No. 213/PMK.06/2020 (updated by PMK No. 122/PMK.06/2023), and PMK No. 189/PM

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Parulian, Leonard. "EKSISTENSI PERJANJIAN ELEKTRONIK SEBAGAI ALAT BUKTI DALAM HUKUM ACARA PERDATA." JURNAL AKTA YUDISIA 6, no. 1 (2021): 75–96. http://dx.doi.org/10.35334/ay.v6i1.2206.

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ABSTRACTOne form of the Industrial Revolution 4.0 that we can recognize in everyday life is electronic commerce, namely the use of communication networks and computers to carry out business processes that are agreed upon and carried out by the parties and set forth in electronic agreements/contracts. The electronic agreement/contract is carried out on the basis of trust obtained by providing legal recognition of electronic written form in the form of an electronic signature. If there is a broken promise/default by one of the parties entering into an electronic agreement/contract with electroni

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Jefry, Arif Bahtiar, and Lathifah Hanim. "Juridical Studies On Notary Deed Which Can Be Canceled And Void By The Law And Responsibilities Of Notary According To Law." Jurnal Akta 6, no. 3 (2019): 433. http://dx.doi.org/10.30659/akta.v6i3.5084.

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Notary deed can be canceled and void by law because of an error when a deed is contrary to the Act either intentionally or unintentionally by the parties who made it. Deed can be canceled, remain valid and binding as long as there has been no judicial decisions have permanent legal force canceling the deed. Unlike the deed can be canceled due to the manufacturing process does not satisfy the subjective element as set forth in Article 1320 paragraph (1) and (2) of the Civil Code. Deed null and void occurs due to the mechanism of making abuse substance UUJN Regarding the authority of notary in m

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Solikhin, Estri, and Alwesius Alwesius. "The Validity of Simulation Deeds Made by Land Deed Officials According to the Law of Treaties in Indonesia." Asian Journal of Engineering, Social and Health 3, no. 12 (2024): 2826–41. https://doi.org/10.46799/ajesh.v3i12.483.

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The simulation of land sale and purchase deeds made by Land Deed Officials (PPAT) is an important concern in Indonesian treaty law. PPAT has the authority to make authentic deeds related to legal actions on land rights, often used as perfect evidence in trials. This research aims to analyze the validity of simulated deeds of land sale and purchase based on agreement law and evaluate legal remedies that can be taken against simulated deed cases. This research uses a normative juridical method with a doctrinal approach and explanatory research typology. Secondary data includes primary, secondary

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Hariawan, Kicuk, and Habib Adjie. "Kedudukan Hukum Notaris, Akta Notaris Dan Saksi Akta Sebagai Alat Bukti Perkara Perdata." Jurnal Hukum Magnum Opus 5, no. 2 (2022): 269–79. http://dx.doi.org/10.30996/jhmo.v5i2.7039.

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Abstract Civil law cases of tort lawsuits for an agreement set forth in the form of a notarial deed still dominate the amount recorded in the clerkship of the district court. The notarial deed is one of the written evidence for the parties given and shown at the time of the evidentiary hearing in the district court. The evidence required other than the notarial deed on the agenda of the evidentiary hearing is that the party who filed the tort lawsuit must present a minimum of 2 (two) witnesses. Usually, the witnesses on the notarial deed are 2 (two) employees of the notary office itself.

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Syaiful Bahri, Moh. Zeinudin, and Miftahul Munir. "Recognition of Electronic Signatures in Proving Civil Procedure Law in Indonesia." International Journal of Law, Crime and Justice 1, no. 3 (2024): 63–81. http://dx.doi.org/10.62951/ijlcj.v1i3.131.

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This research is normative legal research that uses a normative judicial approach. The research results show that: (1) There are differences of opinion between judges, e-commers and notaries. regarding the strength of proof of a signature on an electronic document in proving civil procedural law in Indonesia. Judges and e-commers are of the opinion that electronic documents that have been signed with an electronic signature have the same evidentiary power as authentic deeds made by authorized officials, after the issuance of Law Number 11 of 2008 concerning Electronic Information and Transacti

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Shafaa Alaadini Yuan and Gunawan Djajaputra. "Analysis of the Judgment of the Judge in the Settlement of Default Agreement Debts (Case Study Decision Number 515/Pdt.G/2020/PN.Jkt.Sel)." Journal of Law, Politic and Humanities 5, no. 2 (2024): 1040–49. https://doi.org/10.38035/jlph.v5i2.1105.

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Analysis of Judges' Considerations in Settling Defaults in Debt Agreement (Case Study of Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) aims to examine how judges assess default cases and reflect relevant civil law principles. This research uses a normative legal method with a statutory approach. The results showed that in the decision, the judge considered the authentic deed of acknowledgment of debt made by the defendant as valid evidence of the agreement between the plaintiff and the defendant. Although the defendant acknowledged the debt, the judge found that the defendant did not fulfill its

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Hauro, Hawwa, and Widayati Widayati. "Role of Notary in the Making of A Powerful Legal Entire Property Distribution Deed." Sultan Agung Notary Law Review 3, no. 2 (2021): 646. http://dx.doi.org/10.30659/sanlar.3.2.526-541.

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The distribution of inheritance using a notary deed is an alternative method of inheritance distribution in addition to using court institutions which are commonly used by Indonesian people in inheritance distribution. This writing aims to analyze the theory of the implementation of the distribution of inheritance and the evidentiary process in order to get full evidence in the District Court. The research method used in this thesis is a sociological juridical approach, namely legal research carried out by examining how reactions and interactions occur because legal expectations are often diff

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Maryati, Maryati, Triamy Rostarum, and Sri Ayu Indah Puspita. "Urgensi Pembubuhan Materai pada Salinan Akta Pejabat Pembuat Akta Tanah Sebagai Alat Bukti di Pengadilan Berdasarkan Undang-Undang Nomor 10 Tahun 2020." Wajah Hukum 9, no. 1 (2025): 437. https://doi.org/10.33087/wjh.v9i1.1807.

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The aim of this research is to identify and analyze the regulations for the use of stamps on copies of Land Deed Officials (PPAT) deeds as well as the validity of copies of PPAT deeds that use stamps as evidence in court. The research method used in this research uses a statutory approach so that the design of this research activity is for 6 months with the scope or object of this research, namely the urgency of recording stamp duty on Selena deeds of land deed officials as evidence in court. Where is the place of research, namely in the library with data collection techniques in the form of d

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Thomas, Thomas. "Tanggung Jawab Notaris Terhadap Akta Autentik yang Dibuat Tanpa Dihadiri Pihak Penghadap [Notary’s Responsibilities of Authentic Deed not Made in the Presence of the Party]." Notary Journal 3, no. 2 (2023): 103. http://dx.doi.org/10.19166/nj.v3i2.7083.

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<p><em>An authentic deed is a perfect piece of evidence, which means that an authentic deed has physical, formal and material evidentiary power in accordance with the provisions based on Article 1886 of the Civil Code. Notaries play an important role in the process of making an authentic deed, the provisions of which are regulated in general law as well as the code of ethics attached to Notaries. However, sometimes when making an authentic deed, various problems are often found in the preparation process, one of which is the carrying out of the authentic deed without the presence o

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Annisa Rangkuti, Desela Sahra, and Fully Handayani Ridwan. "PELAKSANAAN JABATAN NOTARIS YANG MENDAPAT KEWENANGAN DARI NEGARA MEMBUAT ALAT BUKTI AUTENTIK." Kertha Semaya : Journal Ilmu Hukum 10, no. 5 (2022): 1207. http://dx.doi.org/10.24843/ks.2022.v10.i05.p19.

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Notaris adalah pejabat umum sesuai dengan Undang-Undang Nomor 2 Tahun 2014 tentang perubahan atas Undang-Undang Nomor 30 tahun 2014 tentang Jabatan Notaris Pasal 1 angka 1. Notaris berwenang membuat akta otentik mengenai semua perbuatan, perjanjian dan ketetapan yang diharuskan oleh peraturan perundang-undangan dan/atau yang dikehendaki oleh yang berkepentingan untuk dinyatakan dalam akta otentik, menjamin kepastian tanggal pembuatan akta, menyimpan akta, memberikan grosse, salinan dan kutipan akta, semuanya itu sepanjang pembuatan akta-akta itu tidak juga ditugaskan atau dikecualikan kepada p

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Mileni Habibah, Nadia, Mohammad Hamidi Masykur, and Diah Aju Wisnu Wardhani. "FORCE MAJEURE AND NOTARY RESPONSIBILITY: THE CASE OF THE DESTRUCTION OF DEED MINUTES." IBLAM LAW REVIEW 4, no. 1 (2024): 71–80. http://dx.doi.org/10.52249/ilr.v4i1.241.

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Notaries, in carrying out their duties, have the authority to create authentic deeds, where authentic deeds serve as perfect evidence in court proceedings. According to Article 16 of the Notary Law (UUJN), the notary's obligation is not only to create authentic deeds but also to store them as part of the notary's protocol, which is a state document or archive that must be properly preserved and stored to prevent loss or destruction under any circumstances. The focus of this thesis is on the scenario where the notary's office, the place where all archives or protocols are stored, experiences a

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Coresy, Grace, and Moh Saleh. "Liability for Breach of Confidentiality Principles in Electronic Action if Connected to Law of Notary Service and Law of Electronic Information and Transaction." Research, Society and Development 9, no. 7 (2020): e78973591. http://dx.doi.org/10.33448/rsd-v9i7.3591.

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In the process of business world growth balanced by the development of technology which is also increasingly rapid. Evidence in the field can be seen on the online trading site. The point is that in buying and selling online there is a process which then arises an agreement that is poured online or electronically. This electronic agreement if analyzed in the world of Notaries and the National Law domain indirectly also influences. The validity of the agreement is still questionable, because none of them are clearly stated in the provisions of the law. In the national law based on the law gover

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