Criminal Offence of Falsifying Authentic Deed In The Implementation of Notary Department

Authentica ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 119-140
Author(s):  
Ici Kurniasih
Keyword(s):  
Criminal Law ◽  
Code Of Ethics ◽  
Criminal Code ◽  
Criminal Offence ◽  
Legal Norms ◽  
Legal Principles ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences ◽  
Research Show

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 application of the sanctioned sanctions but a legal action against violations committed by the notary would contain counterfeit elements of deliberate intent/omission in the creation of Authentic letter/deed whose information is false can be qualified as a criminal offence committed by the notary who describes the evidence of involvement deliberately commit the crime of counterfeit authentic deed. The research is a normative juridical study. Normative research examines and analyzes the legal norms that have been established by the competent authorities for that, so the type of research used in this research is prescriptive, namely the process to find the rules Legal, legal principles, and legal doctrines to address the issues faced. The results of this research show that the legal consequences for the notary criminal who commit the crime of authentic deed are: in terms of criminal law, the notary threatened to be sentenced to the threat of article 264 Criminal Code about the counterfeiting of authentic deed with the threat Maximum sentence of eight years in jail. In terms of civil law, notaries can be sued for damages by the parties who feel harmed. In addition, the relevant notary public may be subject to administrative sanctions from a notary Organization (THIS) in the form of: Oral strikes, written strikes, temporary dismissal, dismissal termination, disrespectful termination.Keywords: criminal acts of counterfeiting, authentic deeds, notary sanctions

scholarly journals Pertanggungjawaban Notaris dalam Pembuatan Akta Pengikatan Jual Beli

2020 ◽  
Vol 1 (1) ◽  
pp. 143-147
Author(s):  
Ni Kadek Sofia Septiarianti ◽  
I Nyoman Sumardika ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Code Of Ethics ◽  
Primary Data ◽  
Public Official ◽  
Criminal Sanctions ◽  
Legal Relationship ◽  
Analysis Technique ◽  
Data Source ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

Notary public is a public official who has a noble position and in making every notarial deed a great responsibility so that no mistakes can occur. This study aims to determine the responsibility of a notary public in making a purchase agreement binding that has not been settled and to know the legal consequences of binding the purchase agreement that has not been paid in full. This research uses normative legal research methods. The data source used is the law or law as primary data (main data). The data analysis technique used is the argumentation technique and systemalization technique. The results of the analysis show that the responsibility of a notary public as a public official when making a deed of binding purchase agreement that is responsible for administrative law, civil law, criminal law and the code of ethics of the notary profession. Everything, of course, is based on the legal relationship that occurs between the land deed official and the parties facing when making the deed. Accountability for administrative sanctions is verbal warning, written warning, temporary dismissal, respectful dismissal even to disrespectful dismissal. Next to civil sanctions in the form of reimbursement or compensation and interest. Whereas a criminal sanction that can be accounted for by a notary/land deed official is if the fraud originated from the notary/land deed official itself for criminal sanctions can be given by first reviewing whether the notary / land deed official meets the contents of the formulation of the alleged crime. Apart from the three sanctions above, both in terms of legal, administrative, civil to criminal notary/land deed official which is certainly also responsible for conscious fulfillment of the notary code of ethics, which also makes the notary / land deed official responsible for sanctions in the form of: reprimand, warning, score, to dismissal from membership and dismissal with no respect.

scholarly journals Tanggung Jawab Notaris Pengganti yang Melakukan Perbuatan Melawan Hukum dalam Pembuatan Akta Autentik

Acta Comitas ◽  
2021 ◽  
Vol 6 (02) ◽  
pp. 450
Author(s):  
I Gusti Agung Ika Laksmi Mahadewi ◽  
I Wayan Novy Purwanto
Keyword(s):  
Qualitative Analysis ◽  
Research Methods ◽  
Analytical Approach ◽  
Code Of Ethics ◽  
Criminal Code ◽  
Time Limit ◽  
Conceptual Approach ◽  
Notary Public ◽  
Study Techniques ◽  
Research Show

Abstract The writing of this article aims to determine the authority of a substitute notary in carrying out the duties and positions of a notary and to find out the responsibilities of a substitute notary when committing an unlawful act in making an authentic deed. This research examines empty norms using normative research methods, with a statutory approach, a conceptual approach and an analytical approach. The search for legal materials uses document study techniques, as well as analysis studies using qualitative analysis. The results of this research show that the responsibilities of a Notary Substitute are the same as that of a Notary Public, although they have different competencies, which can be seen through the requirement that a substitute Notary be appointed only with a Bachelor of Law graduates and have worked in a Notary Office. This cannot guarantee that the Substitute Notary will work properly and will not discriminate against the position of the Notary who has responsibility for the deed he made without a time limit and is not associated with the responsibility of the Notary being replaced. The principle of responsibility based on error is the basis for imposing sanctions on a Substitute Notary who is proven to have committed an unlawful act and is responsible for his actions in Civil, Criminal, code of ethics as well as administratively and is not associated with the responsibility of the Notary being replaced. Abstrak Penulisan artikel ini bertujuan untuk mengetahui kewenangan notaris pengganti dalam menjalankan tugas serta jabatan notaris dan untuk mengetahui tanggung jawab Notaris Pengganti apabila melakukan perbuatan melawan hukum dalam pembuatan akta autentik. Riset ini mengkaji norma kosong menggunakan metode penelitian normatif, dengan pendekatan perundang-undangan, pendekatan konseptual dan pendekatan analisis. Penelusuran bahan hukum menggunakan teknik studi dokumen, serta analisis kajian menggunakan analisis kualitatif. Hasil riset ini menunjukkan bahwa tanggung jawab Notaris Pengganti sama dengan Pejabat Notaris meski memiliki kompetensi yang berbeda yang dapat dilihat melalui syarat diangkatnya notaris pengganti hanya dengan lulusan Sarjana Hukum dan pernah bekerja pada Kantor Notaris. Hal tersebut tidak dapat menjamin bahwa Notaris Pengganti akan bekerja dengan baik dan tidak mendiskriminasi jabatan Notaris yang memiliki tanggung jawab terhadap akta yang dibuatnya tanpa adanya Batasan waktu dan tidak dikaitkan dengan tanggungjawab Notaris yang digantikan. Prinsip pertanggungjawaban berdasarkan kesalahan merupakan dasar pengenaan sanksi kepada Notaris Pengganti yang terbukti melakukan perbuatan melawan hukum dan mempertanggungjawabkan perbuatannya secara Perdata, Pidana, kode etik serta pula secara administrasi dan tidak dikaitkan dengan tanggung jawab Notaris yang digantikan.  

scholarly journals Kekuatan Hukum Pelekatan Sidik Jari Penghadap Oleh Notaris Pada Minuta Akta

Acta Comitas ◽  
2020 ◽  
Vol 5 (3) ◽  
pp. 436
Author(s):  
Wulan Wiryantari Dewi ◽  
Ibrahim R
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
Legal Research ◽  
Legal Relationship ◽  
The People ◽  
Notary Public ◽  
Administrative Sanctions ◽  
Legal Consequences

The notary's role is to provide legal protection to the people who use his services. The presence of a Notary is indispensable for the community concerned to hold a legal relationship with other individuals so that the Notary may also be liable. In the provisions of Article 16 paragraph (1) letter c of the Amendment Law, it is stipulated that in carrying out his position, the Notary is required to attach fingerprints on the minutes of the deed, giving rise to various polemics, because the said provisions do not stipulate further if in this case the smoker suffers from finger defects or events that result in damage to fingerprints which makes the investigator unable to put his fingerprint. The purpose of this research is to find out how the efforts that can be done by a notary against those who are unable to put fingerprints and the legal consequences of the absence of fingerprints against the strength of the deed. This research is a type of normative legal research. The results of this study indicate that efforts can be made by a notary if there are those who suffer from finger defects or experience events that cause fingerprint damage so that they cannot attach their fingerprints to the minutes of the deed, the relevant Notary can explain the matter at the end of the deed. he made it because the fingerprints attached to the address are an act that is required to a notary that can lead to administrative sanctions as contained in the Amendment Law. Due to the legal absence of fingerprints attached to the strength of the deed that is the deed made by the relevant Notary Public remains an authentic deed even though the fingerprints of the tappers are not attached based on Article 1869 of the Civil Code and the deed is valid and legally binding as long as the provisions contained in Article 1320 are fulfilled Civil Code.

scholarly journals Sex and gender characteristics in the Criminal Code of the Republic of Croatia with special reference to the criminal offences of rape and domestic violence

Temida ◽  
2013 ◽  
Vol 16 (1) ◽  
pp. 33-54
Author(s):  
Marissabell Skoric
Keyword(s):  
Domestic Violence ◽  
Social Relations ◽  
Criminal Law ◽  
Gender Stereotypes ◽  
Statistical Data ◽  
Criminal Code ◽  
Criminal Offence ◽  
Male And Female ◽  
Female Sex ◽  
The Republic

The study deals with the issue of whether the norms of criminal law make a distinction between male and female sex with regard to the perpetrator of the criminal offence as well as with regard to the victim of the criminal offence and also the issue of whether male or female sex have any role in the criminal law. It is with this objective in mind that the author analyzed the provisions of the Criminal Code of the Republic of Croatia and statistical data on total crime in the Republic of Croatia and the relation between male and female perpetrators of criminal offences. The statistical data reveal that men commit a far greater number of offences than women. Apart from this, women and men also differ according to the type of the criminal offence they tend to commit. Women as perpetrators of criminal offences that involve the element of violence are very rare. At the same time, women are very often victims of violent offences perpetrated by men, which leads us to the term of gender-based violence. Although significant steps forward have been made at the normative level in the Republic of Croatia in defining and sanctioning of genderbased violence, gender stereotypes can still be observed in practice when sexual crimes are in question so that we can witness domestic violence on a daily basis. All of this leads to the conclusion that it is necessary to make further efforts in order to remove all obstacles that prevent changes in social relations and ensure equality between women and men, not only de jure but also de facto.

scholarly journals Administrative Sanction Decisions, the More Favorable Law Application and Trust on Judiciary

2020 ◽  
Author(s):  
Gürsel Özkan
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Constitutional Court ◽  
Criminal Offence ◽  
Administrative Act ◽  
The Law ◽  
Administrative Sanction ◽  
Set Up ◽  
Council Of State ◽  
Administrative Sanctions

In terms of administrative sanctions, application of the more favorable law means that when the law in force the time an act was committed and a law subsequently brought into force is different, the law which is more favorable should be applied. EHRC states that applying more stringent punishment to an offender on the grounds that more stringent punishment was in force when the time criminal offence was committed. Misdemeanors have been considered within the scope of criminal law by the Constitutional Court and the Constitutional Court accepts that the principle of the application of the more favorable law should be applied to misdemeanors. Danıştay (the Turkish Council of State) decides that “it should be take into account in terms of administrative sanctions, when a law which is the ground of punishment is set aside or more favorable law is brought into force”. Since administrative acts are reviewed during annulment cases, a law brought into force after an administrative act cannot affect the act retrospect. A law which is enters into force after an administrative act established, could set up a rule which has retrospective affect only if the rule clearly is an amnesty. After an administrative fine is imposed, applying criminal law principals to administrative law and administrative sanctions, in other words, rendering decision of annulment on the ground of the principle of the more favorable law betrays the trust on judicial bodies and law.

scholarly journals Islamic Justice Perspective On Notary The Perpetrators Criminal Action

Jurnal Akta ◽  
2020 ◽  
Vol 7 (1) ◽  
pp. 93
Author(s):  
Ira Alia Maerani
Keyword(s):  
Islamic Law ◽  
Code Of Ethics ◽  
Public Official ◽  
Legal Principles ◽  
Islamic Perspective ◽  
Criminal Sanctions ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
The Government

This study aims to find out to know the form of violations and witnesses to the notary position based on Law No. 2 of 2014 concerning the Position of Notary and the perspective of Islamic justice in viewing a notary who is indicated to have committed a crime in connection with an authentic deed he made.            This research uses normative law research or dogmatic law research using the doctrinal method. Normative legal research includes research on legal principles, research on legal systematics, research on vertical and horizontal synchronization stages, comparison of law and legal history.            This research concludes that the notary public is a public official who makes an authentic deed and has the authority as regulated in Article 15,16, 17 of Law No. 2 of 2014 concerning the Position of Notary Public. The notary is obliged to act on trust; honest; independent; objective and safeguard the interests of parties involved in legal actions. Notaries in carrying out their duties and positions if convicted of violations, may be subject to sanctions or sanctions in the form of civil, administrative, and notary code of ethics in accordance with Law of the Republic of Indonesia Number 2 of 2014 concerning Notary Positions. Even so, the Notary Position Law does not regulate criminal sanctions against Notaries. Whereas in practice there is an opportunity for a legal action or violation by a notary related to an authentic deed he made that can be qualified as a criminal offense. A notary who is indicated to have committed a crime in carrying out his authority as a Public Official, of course, must be a concern of the government and law enforcement because the law must be upheld against anyone who commits indiscriminate violations. This rule is a manifestation of the principle of "equality before the law" (equality before the law) which is a fundamental element in the concept of the rule of law. Honesty values; keep the mandate; fair; and this objective is synergistic with the values of justice in an Islamic perspective that promotes justice and problems. Described in the Qur'an An-Nisa verses 58 and 135 and QS. Al Ma'idah verse 8. Islamic law also regulates justice in recording a deed, for example just in recording accounts receivable debts (Q.S. Al Baqoroh: 282)Keywords: Islamic Perspective; Justice; Notary Public; Perpetrators; Criminal Act

scholarly journals CONSIDERATIONS OF CRIMINAL LAW AND FORENSIC SCIENCE REGARDING THE ILLEGAL ACCESS TO A COMPUTER SYSTEM

2018 ◽  
Vol 11 (2) ◽  
pp. 49-57
Author(s):  
Adrian Cristian MOISE
Keyword(s):  
Computer System ◽  
Criminal Law ◽  
Personal Information ◽  
Social Engineering ◽  
Criminal Code ◽  
Criminal Offence ◽  
Web Page ◽  
Council Of Europe ◽  
Visual Identity ◽  
The Social

Starting from the provisions of Article 2 of the Council of Europe Convention on Cybercrime and from the provisions of Article 3 of Directive 2013/40/EU on attacks against information systems, the present study analyses how these provisions have been transposed into the text of Article 360 of the Romanian Criminal Code.  Illegal access to a computer system is a criminal offence that aims to affect the patrimony of individuals or legal entities.The illegal access to computer systems is accomplished with the help of the social engineering techniques, the best known technique of this kind is the use of phishing threats. Typically, phishing attacks will lead the recipient to a Web page designed to simulate the visual identity of a target organization, and to gather personal information about the user, the victim having knowledge of the attack.

scholarly journals Criminal Law Protection of Personal Secrets in Hungary

2019 ◽  
Vol 8 (1) ◽  
pp. 23-42
Author(s):  
Viktor Bérces
Keyword(s):  
Criminal Law ◽  
Historical Development ◽  
Medical Profession ◽  
Comparative Law ◽  
Criminal Code ◽  
Privileged Information ◽  
Legal Norms ◽  
Procedural Law ◽  
Wide Perspective ◽  
Offending Behaviour

The study analyses in detail and from a wide perspective the criminal law regulation applicable to the protection of personal secrets in Hungarian law. The author presents the historical development and comparative law context of the criminal substantive legal norms which defend personal secrets, especially in view of persons whose occupations or professions require handling such privileged information. Several norms applicable to specific professions (the clergy, the medical profession, and attorneys at law) as well as their implications in the light of the provisions of criminal and civil procedural law are also explored. The author concludes that it would be advantageous to use the expression ‘occupation’ in a wider sense and that the Hungarian Criminal Code should exemplify the secrets which often occur in everyday life and the exposure of which fits into the offending behaviour. Also, criminal and civil procedure should use the same rules for the exemption of persons bound by secrecy from having to testify as witnesses.

scholarly journals Criminal liability for illegal implementation of medical and pharmaceutical activity: comparative analysis of legislation of the post-Soviet states

2021 ◽  
pp. 35-45
Author(s):  
Ekaterina Dmitrievna Sungurova
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
Criminal Law ◽  
Criminal Liability ◽  
Criminal Code ◽  
Scientific Methods ◽  
Legal Norms ◽  
Legal Method ◽  
Pharmaceutical Activity ◽  
The Russian Federation

The goal of this research consists in comparison of the normative legal acts that regulate the questions of criminal liability for illegal implementation of medical and pharmaceutical activity in Belarus, Armenia, Kazakhstan, Azerbaijan, Kyrgyzstan, and the Russian Federation. The article employs the general scientific methods of cognition: analysis, synthesis, generalization. For identification of differences in the content of the corresponding legal norms, the author applies the comparative legal method, which consists in comparative analysis of the normative legal acts of the post-Soviet states. The research materials contain the norms of criminal law, as well as normative legal acts in the sphere of licensing. The novelty of this work consists in the fact that pursuit of ways to improve the national criminal law, the author assesses the possibilities of reception of certain provisions of the foreign legislation. The article explores the approaches towards systematization of crimes for illegal conduct of medical and pharmaceutical activity in the Criminal Code. The conclusion is made on the three approaches of the legislators towards establishment of origin of the object of crime. Analysis is performed on the current state of the practice of constructing criminal law sanctions of the norms on liability for illegal implementation of medical and pharmaceutical activity. The common feature of the Russian, Belarusian, Armenian, Kazakh, Azerbaijani, and Kyrgyz law consists in imposition of a fine as the basic punishment. The size of penalties are compared. It is proposed to expand the sanction of the Article 235 of the Criminal Code of the Russian Federation with an additional penalty in form of revocation of right to hold a certain post or conduct a particular activity for a certain period of time.

scholarly journals The Completion of Misdemeanor through Rembuk Pekon in Lampung Province

FIAT JUSTISIA ◽  
2020 ◽  
Vol 14 (2) ◽  
pp. 159
Author(s):  
Zulfi Diane Zaini ◽  
Lintje Anna Marpaung ◽  
Zainab Ompu Jainah ◽  
Thia Remona Febrianti ◽  
Sija Putra Rulanda
Keyword(s):  
Restorative Justice ◽  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Criminal Code ◽  
Primary Data ◽  
Criminal Offence ◽  
Criminal Cases ◽  
Legal Consequences

The resolution of a criminal offence does not have to be carried out through legal channels. Still, it can be done in the spirit of restorative justice, one of which uses the principle of ADR (Alternative Dispute Resolution) or (win-win solution) through the Rembuk Pekon which means through consensus agreement. This study aims to determine what crimes can be resolved with the Pekon consultation, how the process is resolved, and what the legal consequences are. This study uses an empirical normative method by examining the methods, norms, rules and primary data through observation and interviews, the results of the study indicate that the types of criminal acts that can be resolved with Rembuk Pekon include minor criminal offences Article 302, Article 352 paragraph (1), Article 364, Article 373, Article 379, Article 482, Article 315, Article 407 paragraph 1, and the criminal offence of complaint Article 284 of the Criminal Code. So in this study will discuss how the process of resolving minor criminal cases through the Rembuk Pekon and the authors have a suggestion that the police should implement the Rembuk Pekon to prioritize the principles of professional, modern and reliable, this so that the implementation of the Rembuk Pekon can run optimally.

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