scholarly journals WYKŁADNIA TESTAMENTÓW NOTARIALNYCH

2017 ◽  
Vol 2 (1) ◽  
pp. 125
Author(s):  
Tomasz Pałdyna
Keyword(s):  
Life Experience ◽  
Real Life ◽  
Civil Code ◽  
Plain Language ◽  
Legal Perspective ◽  
Ignorance Of Law ◽  
The Law ◽  
Notary Public ◽  
The Moment ◽  
Social Intercourse

INTERPRETATION OF TESTAMENTS MADE BEFORE A NOTARYSummary The article deals with problems connected with interpretation of testaments made before a notary. Following a brief introduction describing the notion of a testament as well as characteristics of this legal transaction and general remarks on a testament form, including a notary act form, the article focuses on interpretation of a testators declaration pointing at basic rules which should govern interpretation of a last will included in a notary act.Testament’s interpretation aim is to establish testator’s actual will recorded in the testament. Real life experience shows that many a time testamentary dispositions are very imprecise not to say unclear. Interpretation problems occur more often with personally written testaments than with testaments made before a notary thanks to professional knowledge of a person participating in preparation of a „last will” statement. A notary who takes down in writing bequeather’s will is working with him / her on the wording of the declaration of will. However, it happens that formulation of notarial will also raises doubts about bequeather’s actual will.For notarial wills, the rules stated in Article 948 of the Civil Code are binding, with the assumption of the testament „co-author’s” professionalism.Participation of a notary in drawing up a testament implies that law or legal terms included in the document carry the meaning used by legislators (Acc. to: E. Skowrońska, comments on SN law of 16 September 1993, III CZP 122/93, published in OSP in 1994 year, no. 10, item 177) and lawyers in their register. In case of contradictory content of a notarial will, by using the above mentioned interpretation principle, the interpretation results established for such a declaration of will could be very different from those established, if testator’s last will was expressed in a personally written testament. Thus, apparently, not only the testament’s content but also its form may influence interpretation result.Sometimes, a testament made before a notary uses plain language inappropriately. Testament’s content may include records understandable only to the testator and people from his/her surroundings. A testator may, even unintentionally, mislead a notary about his/her actual will.For notarial wills, the problem of ignorance of law is ruled out. This applies particularly to a rule of law concerning succession, but also to different ones (for example, to a rule concerning property regulations). It is assumed that a bequeather realizes consequences of his/her dispositions. He should be instructed about the consequences by a notary (Art. 80 § 3 of the Law on Notary Public). Therefore, in case of ambiguity (art. 948, paragraph 2 of the Civil Code) the interpretation which is rational not only from life but also from legal perspective, should be given precedence. For testaments prepared by a testator personally, presumption of knowledge of law is not valid.Beginning interpretation of declaration of will included in a notary act we assume that bequeather’s disposition is lawful and consistent with the rules of social intercourse, and that it does not aim to evade the law (article 58 of the Civil Code). A notary is obliged to refuse performance of transaction which is against the law (Art. 81 of the Law on Notary Public).As for testaments made before a notary, it may well be assumed that a document tendered in court is the testament of the person concerned (actually, it is an extract from the document) (Contradictory thesis requires refutation of presumption according to art. 247 of the Civil Proceeding’s Code), and also, that at the moment of drawing up the testament the testator had ability to bequeath and that his/her declaration of will is not defective. It should also be assumed that for testaments made before a notary a plea of lack of will to testate may be raised in very exceptional situations.

scholarly journals PERJANJIAN PENGIKATAN JUAL BELI DALAM PRAKTIK PRE PROJECT SELLING

2019 ◽  
Vol 5 (2) ◽  
pp. 223-229
Author(s):  
Diah Ayu Saraswita
Keyword(s):  
Civil Code ◽  
Special Technique ◽  
The Public ◽  
Language Form ◽  
The Law ◽  
Notary Public

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed’s title and deed’s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

Marrying “Well”: Debating Consanguinity, Matrimonial Law, and Brazilian Legal Medicine, 1890–1930

2015 ◽  
Vol 33 (3) ◽  
pp. 703-743 ◽  
Author(s):  
Okezi Otovo
Keyword(s):  
Catholic Church ◽  
Critical Issue ◽  
Civil Code ◽  
Law Schools ◽  
The Third ◽  
History Of ◽  
The Law ◽  
Old Republic ◽  
The Moment ◽  
Special Circumstances

On August 28, 1919, Brazil's most famous pediatrician, Dr. Carlos Arthur Moncorvo Filho, addressed his colleagues at the illustrious National Academy of Medicine in Rio de Janeiro, reminding them that consanguineous marriage was the topic of the moment. Dr. Moncorvo Filho's insistence that “everyone knew why” was a reference to a proposal made before the Senate just three months prior by Senators Eloy de Souza of the state of Pernambuco and Álvaro de Carvalho of São Paulo. The senators proposed that language prohibiting marriage between blood relatives in the recently ratified Brazilian Civil Code be amended to allow for special juridical or medical dispensation. Souza and Carvalho, with the backing of the Catholic Church and a minority of members of the Brazilian Institute of Attorneys, supported permitting marriage between third-degree relatives under special circumstances. At issue for the attorneys was how the law would deal with situations in which couples had a compelling need to marry within the third degree of kinship. A recent case of an uncle who had “deflowered” his niece and then offered to “remedy the damage” through marriage brought this issue to public debate. Marriages between uncles and their nieces and aunts and their nephews (third-degree relations) were traditional in Brazil, and Brazilian law had a long history of yielding to custom and context. However, under the new laws of the 30-year-old republic, this type of marriage was no longer legal, having been specifically prohibited by the 1916 Civil Code. Senators Souza and Carvalho, both lawyers by training, proposed reforming the Code, while their ultimately unsuccessful amendment sparked vigorous debate in both legal and medical circles on the validity of marriage restrictions within the third degree of consanguinity. As a result, physicians at Brazil's leading medical schools and their jurist counterparts at the law schools took sides on this critical issue, dividing themselves into rival camps of consanguinistas and anticonsanguinistas.

PENGGUNAAN SISTEM BARCODE DALAM RANGKA PENGAMANAN AKTA NOTARIS

2019 ◽  
Vol 5 (2) ◽  
pp. 214-222
Author(s):  
Rr. Dwini Imananda Noegroho
Keyword(s):  
Civil Code ◽  
Special Technique ◽  
The Public ◽  
Language Form ◽  
The Law ◽  
Notary Public

According to the law notarial deed has specific or special technique, language, form and section. Notarial deed is also one of the written evidence as stated in the Civil Code Article 1866. Indonesia Notary Community utilizes barcode technology advancements to checking the authenticity of a deed namely by storing and reading information digitally about deed made by the Notary Public regarding the deed’s title and deed’s number. This research shows that the use of a barcode system with the aim of securing a notarial deed must be mandated and used for good purposes namely for interested parties and this is a form of Notary services to the public so that the notarial deed is kept safe and cannot be misused by those who want to abuse

scholarly journals KARAKTERISTIK AKTA OTENTIK PADA AKTA RISALAH LELANG

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mohamad Erik ◽  
Triyanto Triyanto ◽  
Rusdiyanto Sesung
Keyword(s):  
Civil Code ◽  
The Status ◽  
The Law ◽  
Notary Public ◽  
News Event

Notary Public Officer has the duty to make an authentic deed and dare to make the deed of minutes of auction. One of the hallmark of the Auction of Minutes of Deed is made by the Auction Officer appointed by the Minister of Finance. The strength of the proof consists of the power of proof of birth, formal and material relationships has been regulated in Article 1868 of the Civil Code. Is the Deed of Minutes auction referred to the Authentic Deed. Make the form of the deed determined by law. The result of this thesis research is the status of the Auction of Minutes of the Auction referred to as the authentication deed because (1) the form of the authentic deed is the drafting of the law (Articles 37, 38 and 39 Vendu Reglement, (2) the original deed must be made by or against the general officials The auction is made by the auction official (3) of what authority, when and where the deed was made. (Articles 3 and 7 Vendu Reglement) is determined by the Minister of Finance. The Power of Evidence On The Deed of Auction Minutes As an authentic deed, In Article 35 of the Vendu Reglement from which "From every public sale by the Auction Officer or his proxy, during the sale, for each day of auction or sale shall be made separate news event". Here it is clear that the Auction Risks must be made by an authentic deed, as the auction treatise has a perfect proof of power on what is contained therein.

scholarly journals Kewenangan Kepolisian Memanggil Notaris Untuk Mendapatkan Keterangan Dan Klarifikasi Terhadap Perkara Tindak Pidana

2019 ◽  
Vol 1 (2) ◽  
pp. 89-99
Author(s):  
Agus Kurniawan
Keyword(s):  
Legal Protection ◽  
Civil Code ◽  
The Other ◽  
Police Investigation ◽  
Other Hand ◽  
Research Problems ◽  
The Law ◽  
Notary Public ◽  
The Right ◽  
Investigation Process

Penelitian ini bertujuan untuk mengkaji dan perlindungan hukum hak-hak tenaga kerja yang perusahaannya diputus Pailit. Permasalahan penelitian, Pertama, Bagaimanakah Perlindungan Hukum Terhadap Hak-Hak Pegawai Dalam Kepailitan Perusahaan; Kedua, Bagaimanakah Upaya Hukum Yang Dapat Dilakukan Pekerja Jika Tidak Memperoleh Hak Sebagai Kreditor Istimewa/Preference. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan yang bersifat kualitatif. Hasil penelitian bahwa Perlindungan hukum terhadap hak-hak karyawan dalam kepailitan perseroan adalah melindungi hak-hak dan kepentingan dari para karyawan selaku stakeholders perusahaan. Kewenangan pengadilan niaga dalam tuntutan karyawan atas upah atau uang pesangon yang tidak dibayar oleh perseroan dalam memindahkan kewenangan mutlak (absolut) dari pengadilan umum untuk memeriksa permohonan pailit. upah pekerja dalam pemenuhan adalah utang harta pailit, sebelum didistribusikan kepada kreditor biaya kepailitan harus dibayar didahulukan, termasuk kreditor separatis. This study aims to analyze the authority of the police investigation and investigation process of notaries. Research problems, First. what is the authority of the police in the process of investigating and investigating notaries. Second, how does the legal protection of notaries in the process of investigation and investigation ?. The results showed that the authority of the Police in the process of investigating and investigating Notaries after the issuance of the Law of Notary Position Number 2 of 2014 was that between the Police and Notary Public must understand about their respective authorities that have been regulated by the Law, namely if the Notary Public has a problem with the deed he made then the Police / Investigator can call the Notary public directly as a witness / suspect but on the other hand the Notary in assuming his position has the right to deny the confidentiality of his act in accordance with Article 4 Jo Article 16 Jo Article 54 Jo Law No. 2 of 2014, then based on Article 170 paragraph 1 KUHAP and Article 1909 paragraph 2 number 3e of the Civil Code in this case the Police must also understand the principle of legal presumption (Vermoedanvan Rechtmatigheid) or Presumptio lustae Causa

scholarly journals Tanggung Jawab Notaris Akibat Batalnya Akta Perjanjian Pengikatan Jual Beli Tanah Karena Cacat Hukum

Acta Comitas ◽  
2019 ◽  
Vol 3 (3) ◽  
pp. 436
Author(s):  
Anak Agung Deby Wulandari
Keyword(s):  
Codes Of Conduct ◽  
Civil Code ◽  
Legal Research ◽  
The Law ◽  
Notary Public ◽  
The Republic ◽  
Binding Agreement ◽  
Land Sale

Law of the Republic of Indonesia Number 2 of 2014 concerning Amendments to Law Number 30 Year 2004 concerning Notary Position (UUJN) gives authority to notaries to make an agreement. According to that regulation, of course the notary has an important role in the making of the land sale and purchase agreement. A land sale and purchase agreement must meet the subjective requirements and objective requirements as contained in Article 1320 of the Civil Code (KUHPerdata). The problems that occur are: (1) How is the position of the deed of binding agreement on the sale and purchase of land containing legal defects? and (2) How is the notary's responsibility related to the cancellation of the binding contract of sale and purchase agreement due to a legal defect in its manufacture? The type of this research is legal research. The results of this research indicate that the position of the deed of binding agreement on sale and purchase of land that contains legal defects is not as a deed that has perfect proof power, so that the law can be canceled or null and void by law. This is related to subjective requirements and objective conditions in the provisions of Article 1320 of the Civil Code. The responsibility of the notary is related to the cancellation of the binding agreement on the sale and purchase of land due to a legal defect in the form of notary public, criminal, administrative, and notary codes of conduct. Undang-Undang Republik Indonesia Nomor 2 Tahun 2014 Tentang Perubahan Atas Undang-Undang Nomor 30 Tahun 2004 Tentang Jabatan Notaris (UUJN) memberikan kewenangan kepada notaris untuk membuat suatu perjanjian. Terkait dengan hal tersebut tentunya notaris memiliki peran penting dalam pembuatan Perjanjian Pengikatan Jual Beli (PPJB) tanah. Suatu perjanjian jual beli tanah harus memenuhi syarat subjektif dan syarat objektif sebagaimana terkadung dalam Pasal 1320 Kitab Undang-Undang Hukum Perdata (KUHPerdata). Permasalahan yang terjadi yaitu: (1) Bagaimanakah kedudukan akta perjanjian pengikatan jual beli tanah yang mengandung cacat hukum? dan (2) Bagaimanakah pertanggungjawaban notaris terkait dengan batalnya akta perjanjian pengikatan jual beli tanah diakibatkan adanya cacat hukum dalam pembuatannya?. Penelitian ini beranjak dari penelitian hukum normatif. Hasil penelitian dapat diketahui bahwa kedudukan akta perjanjian pengikatan jual beli tanah yang mengandung cacat hukum yaitu tidak sebagai akta yang memiliki kekuatan pembuktian yang sempurna, sehingga berakibat hukum akta dapat dibatalkan atau batal demi hukum. Hal ini berkaitan dengan syarat subjektif dan syarat objektif dalam ketentuan Pasal 1320 KUHPerdata. Pertanggungjawaban notaris terkait dengan batalnya akta perjanjian pengikatan jual beli tanah diakibatkan adanya cacat hukum dalam pembuatannya yaitu notaris dapat dimintakan pertanggungjawabannya secara perdata, pidana, administrasi, dan terhadap kode etik notaris.

On the German History of Method in Civil Law in Five Systems

2016 ◽  
Vol 17 (4) ◽  
pp. 543-578
Author(s):  
Hans-Peter Haferkamp
Keyword(s):  
Real Life ◽  
Civil Code ◽  
Constitutional Court ◽  
National Socialist ◽  
German Empire ◽  
Political Ideas ◽  
Federal Constitutional ◽  
History Of ◽  
The Law ◽  
Legal Methodology

AbstractGermany is the country of legal methodology. No other country saw such an intense academic discourse on the question of what jurists are able, allowed, and supposed to do when interpreting and applying the law. This German peculiarity is tightly linked to the history of the German Civil Code (BGB). Carefully worded and systematically precise, this codification had the potential to significantly limit judicial freedom; thus, its advent marked the beginning of the German methodological debates. The following Article examines this relationship, starting with the year 1874 (when preliminary work on the Civil Code began) and continuing with an analysis of the five political systems during which the BGB was in force: the German Empire (1900–1914), the Weimar Republic (1918–1933), the National Socialist period (1933–1945), the GDR (1949–1989), and the Federal Republic (1949–today). With the exception of the GDR, the methodological debates consistently show attempts to enable judges to adapt the law to real life conditions, or to political ideas in conflict with the BGB, without formally moving beyond extant law. At the roots of 20thcentury methodological debates, one can thus discern a profound mistrust of German legal academia with regard to both the legislature and the judiciary. Jurists had no confidence in the BGB, which was criticized for being inflexible, outdated, and politically unsound. They did not trust in the freedom of judges either, trying instead to somehow bind them, be it to “life,” “reality,” “justice,” “sense of justice,” “national order,” or “Christian Natural Law.” It was not until 1958 that the Federal Constitutional Court was entrusted with the task of dynamically shaping the guiding values of society, thus forcing both the legislator and the courts to adapt the BGB to these principles. As a consequence, the heyday of German methodological debates surrounding the BGB slowly came to an end.

scholarly journals Pengesahan Akta Notaris Bagi Penghadap Yang Mengalami Cacat Fisik

Acta Comitas ◽  
2016 ◽  
Author(s):  
Ida Ayu Putu Swandewi
Keyword(s):  
Physical Disability ◽  
Physical Disabilities ◽  
Civil Code ◽  
The Other ◽  
Legal Research ◽  
Other Hand ◽  
The Law ◽  
Notary Public ◽  
Materials Used ◽  
Made In

The article 44 paragraph (1) of Law Number 2 of 2014 on the Amendment of the Law on the Position of Notary Public (hereinafter referred UUJN-P) provision a duty for the appearer to sign the notarial deed after having been read by the notary public, with the exception when the appearer is unable to put his or her signature then the appearer should mention the reason and it will be stated explicitly at the end part of the notarial deed. On the other hand, there is a difference in the arrangement of Article 16 paragraph (1) letter c of the UUJN-P namely the existence of an obligation that the notary public must affix the letters and documents as well as the fingerprint of the appearer on the minutes of the deed. The problem that arises is what if the appearer is illiterate, having handicapped or paralyzed hand so that he or she could not put his or her signature on the notarial deed, whether he or she is required to put his or her fingerprints on the minutes of the notarial deed as a form of his/her personal authentication on the notarial deed or as a form of his/her approval, weather the fingerprint can replace a signature, whereas what is meant by the fingerprint here also raises different interpretations. The study is a normative legal research, it is as a result of a vacuum of norm about the signing of notarial deed when the appearer have physical disabilities that he or she cannot sign a notarial deed and to perform validation on an authentic notarial deed that he/she made. In addition, there is a duty of the notary to affix the fingerprint of the appearer on the minutes of the notarial deed, whether this provision also applies to the appearer who cannot sign the notarial deed because of his/her disability. The materials used are the primary, secondary and tertiary legal materials. The results of the study indicate that the legal arrangements for the legalization of the notarial deed for the appearer who has a physical disability, especially in his or her hands, as well as the obligation to attach fingerprints on the minutes of the notarial deed has not been expressly stipulated in the Law Number 30 of 2004 (UUJN) and the UUJN-P. In particular to Article 44 paragraph (1), (2) and Article 16 Paragraph (1) c. that stipulate the appearer who has a physical disability condition can authenticate the notary deed, on condition that, the deed is eligible and conforms to the rules in Article 1320 of the Civil Code, Article 1868 of the Civil Code of the authentic deed and the Law Number 30 of 2004 of the Law on Notary Position in conjunction with the Law Number 2 of 2014 on the Amendment of the Law on the Position of Notary Public.

scholarly journals Verifikasi Biologis Dan Kesehatan Reproduksi Calon Mempelai Pra Perkawinan Dalam Perspektif Hukum Islam

alashriyyah ◽  
2019 ◽  
Vol 5 (1) ◽  
pp. 18
Author(s):  
Fitriyani
Keyword(s):  
Reproductive Health ◽  
Islamic Law ◽  
Descriptive Research ◽  
Knowing That ◽  
Library Research ◽  
Legal Perspective ◽  
Wedding Ceremony ◽  
The Law ◽  
The Moment ◽  
The Village

This study describes the biological verification and reproductive health of prospective pre-marriage brides in the perspective of Islamic law, and covers Islamic insights regarding the verification of biological and reproductive health of pre-marriage brides, and the law to conduct biological verification and reproductive health for pre-marriage brides in legal perspective Islam. The case that took place in Bulukumba on September 17, 2017 was related to biological forgery between Syarifah Nurul Husna (20 years) and Rahmat Yani (28 years old) a woman from Erelebu Hamlet, Eka Tiro Village, Bontotiro District, Bulukumba Regency. Apparently married to fellow women, he was involved with same-sex marriage. Revealed when the first night after the wedding ceremony took place, finally arrived where the moment of the two lovebirds got together in the first night. Suddenly Nurul Husna screamed and ran out of her room, she was crying out unconsciously knowing that Rahmat Yani was actually a woman. Syarifa Nurul Husna's family did not remain silent over the incident that happened to her daughter, they then made a vote on her daughter-in-law's identity. After doing the checkup, he finally found out if Rahmat Yani was Rahmayani according to the residents of Herlang Hamlet, from the village of Rahmat Yani. For the sake of the sanctity of the marriage institution, similar events are expected not to occur again in the future. For this reason, a solution needs to be formulated, including fixing civil administration regulations. This study seeks to discuss one solution, which includes verification of identity and reproductive health as one administrative requirement for marriage. If it refers to the quantity of cases, this idea might be considered as an excessive response. However, when viewed from the classical fiqh perspective, this has been exemplified in the early days of the development of Islamic Law. Presupposition cases born from the leaders of four popular schools indicate that there is no need to wait for cases to establish the law. For example, the priests of the school of thought have spoken and determined the legal consequences of a clogged vagina or a penis being cut off for marital survival This research is a descriptive research (library research) with a type of qualitative research, using a legal approach (formal juridical), a case approach, a fiqh approach and a psychological approach. The theory used is Maqasyid syariah related to the maintenance of offspring popularized by As-Sya tiby and the benefit theory that was popularized by at-Tufi.

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