scholarly journals The Responsibility of Notary Agreement of The Truth Under Hand Notarized as Evidence in The Process of Trial in Court

Jurnal Akta ◽  
2018 ◽  
Vol 5 (2) ◽  
pp. 503
Author(s):  
Eka Daryanti ◽  
Gunarto Gunarto

The legal consequences under the hand agreement validated by notaries who are connected with the responsibility of Notary if the agreement be used as evidence in court. This study aims to analyze the responsibility of the Notary to the truth of the under the hand agreement that was authorized by the Notary, to analyze the legal consequences of the agreement under hand, legalized by the Notary as evidence in evidence during the trial. From the results of this research is that: 1) responsibility to the truth Notary under the hand agreement that was authorized by the Public Notary. Notary is the only guarantee certainty regarding the date, identity and signature of the parties to the agreement. Notary ensures certainty at the time of signing the agreement, that the parties who signed the agreement is valid and not others, the parties who signed properly attended and have been aware of the contents in the agreement because it is read by the notary, so that the parties can not deny, 2) the legal consequences under the hand agreement, legalized by the Notary as evidence in court proving that the under the hand agreement only give legal effect to the advantage of a perfect proofing to whom sipenadatangan about to give evidence, while against the third party free pembuktianya legal consequences. If the authentic act has the strength of evidence was perfect, under the hands of the legal consequences certificate of proof rests with the judge to consider.Keywords: Responsibility; Under the Hands Agreement; Legalization.

2014 ◽  
Vol 14 (3) ◽  
Author(s):  
Elfrida R Gultom

The objective of Busway development is to provide transportation services faster, safer, comfortable, and affordable for people in Jakarta. Ticket prices are subsidized by the local government busway. Busway given special line, however could not be separated from the accident. In a carriage, in the event of an accident then apply provisions of Law No. 22 of 2009 on Traffic and Transportation. If there is a loss that hit the third party then setting responsibilities Public Service Agency TransJakarta Busway to third parties refer to the provisions of Article 194 paragraph (1) which determines that the public transport companies are not responsible for any losses suffered by third parties, unless the third party may prove that the loss is caused by the fault of public transport company. Under these provisions, if the third party wants to sue for damages, ketigalah party must prove the fault of the carrier, the claim is based on the basis of tort or on the basis of error set forth in Article 1365 of the Civil Code which stipulates that any action unlawfully harming others, require the person who carries the loss offset. Keywords: transport, the responsibility of the carrier, a third party, transport law


2005 ◽  
Vol 29 (3) ◽  
pp. 815-827
Author(s):  
Claude Gilbert

Third-party leasing is now part and parcel of new contractual forms that have appeared with the development of commerce. Moreover, progress in new technologies has given birth to computer contracts. In the same way that the originality of third-party leasing has stimulated thinking on the legal nature of this operation in Civil law, the technical complexity of considerations due under computer contracts has brought about the adoption of clauses specifically adapted to this type of covenant. Since the third-party lease is used to finance the acquisition of computer equipment, the ensuing note attempts to analyse the legal consequences of two converging enigmas. Briefly stated, third-party computer leasing is characterized by the distinction between hardware and software (of which the latter does not in principle lend itself to leasing operations), the particular importance of obligations on guarantees by the supplier with regard to the user, and to the presumption of technical ignorance on the part of the user. The second of these characteristics is normal in third-party leases and the last occurs frequently in computer contracts.


2021 ◽  
Vol 4 (2) ◽  
pp. 119-130
Author(s):  
Előd Bartis

The author of the following study presents the institution of unauthorized agency in Romanian civil law. The conditions and possible cases unauthorized agency are presented, as well as the facts which, although similar, cannot be considered as unauthorized agency. The author analyzes the legal nature of the contract concluded by the unauthorized agent, the legal consequences of the ratification by the principal and discusses in detail the unauthorized agent’s liability to both the principal and the third party. Finally, the study examines the conditions and consequences of the apparent authority, with special regard to the protection of the interests of the parties involved.


2020 ◽  
Vol 17 (4) ◽  
pp. 539-547
Author(s):  
Jun Hong ◽  
Tao Wen ◽  
Quan Guo

Outsourcing spatial database to a third party is becoming a common practice for more and more individuals and companies to save the cost of managing and maintaining database, where a data owner delegates its spatial data management tasks to a third party and grants it to provide query services. However, the third party is not full trusted. Thus, authentication information should be provided to the client for query authentication. In this paper, we introduce an efficient space authenticated data structure, called Verifiable Similarity Indexing tree (VSS-tree), to support authenticated spatial query. We build VSS-tree based on SS-tree which employs bounding sphere rather than bounding rectangle for region shape and extend it with authentication information. Based on VSS-tree, the third party finds query results and builds their corresponding verification object. The client performs query authentication using the verification object and the public key published. Finally, we evaluate the performance and validity of our algorithms, the experiment results show that VSS-tree can efficiently support spatial query and have better performance than Merkle R tree (MR-tree)


2021 ◽  
Vol 2 (1) ◽  
pp. 207-211
Author(s):  
Putu Trisna Witariyani ◽  
I Nyoman Sujana ◽  
Ni Made Puspasutari Ujianti

Property problems in marriage often occur. With this, the couple can make a marriage agreement for those who want to separate their marital assets. One of the marriage agreement arrangements, which is mentioned in paragraph (1), namely in Article 29 of Law Number 1 of 1974 concerning marriage states that a marriage agreement can be made before the marriage takes place and binds a third party as long as the third party is involved. However, after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015 the arrangement of the agreement in marriage has changed. This study aims to determine the arrangement of the marriage agreement after the Constitutional Court Decision No. 69 / PUU-XIII / 2015 and knowing the legal consequences for third parties with the existence of a marriage agreement after the issuance of the Constitutional Court Decision No. 69 / PUU-XIII / 2015. The research method used is the Normative research method where the assessment is based on legal materials from the existing literature. The results of the analysis show that the marriage agreement arrangements have changed since the Constitutional Court Decision, where the amendment is that the marriage agreement can be made before or after marriage, applies after marriage unless the parties determine otherwise, and also the marriage agreement can be changed and revoked according to the agreement of the husband and wife. . If the agreement in marriage is registered, the agreement will be enforced for the third party. Couples who want to make a marriage agreement should follow the existing rules so that the marriage agreement is valid and does not harm third parties.


2020 ◽  
Vol 11 (1) ◽  
pp. 6-9
Author(s):  
Nobuhiro Mifune ◽  
Yang Li ◽  
Narumi Okuda

Although punishment can promote cooperative behavior, the evolution of punishment requires benefits which override the cost. One possible source of the benefit of punishing uncooperative behavior is obtaining a positive evaluation. This study compares evaluations of punishers and non-punishers. Two hundred and thirty-four undergraduate students participated in two studies. Study 1 revealed that, in the public goods game, punishers were not positively evaluated, while punishers were positively evaluated in the third-party punishment game. In Study 2, where the non-cooperator was a participant of a public goods game, we manipulated the punishers participation in the game. The results showed that punishers received no positive evaluations, regardless of their participation in the game, indicating that negative evaluation may not be a reaction toward aggression with retaliatory intentions.


2019 ◽  
Vol 8 (1) ◽  
pp. 81-94
Author(s):  
Billy Verian Salim

The inheritance law is a rule governing the legal consequences of a person's death against theintangible property: the transfer of wealth from the heir to the heirs. Either in the relationshipof their fellow heirs or between them and the third party. The child is still open to theopportunity to inherit the property of his parents, with the record he has been recognized byhis ayah-ibunya, while the right to justify the mother's possessions by the law is determinedautomatically without the need for a Recognition. Despite being born out of a legitimatemarriage, the acknowledged child of marriage is a hereditary heir.Keywords : law, child out of marriage, inheritance


2019 ◽  
Vol 13 (2) ◽  
pp. 63
Author(s):  
Nyoman Mas Aryani

Law Number 1 Year 1974  on Marriage, embraces the principle of  separate property where except husband and wife determine otherwise by making a marriage agreement before or at the time of marriage is held. In the middle of 2015, Ike Farida, a lawyer who performs a mixed marriage, filed a petition for judicial review to the Constitutional Court because he felt his  constitutional  rights were injured  by the  enactment  of  Law Number  5  of  1960  on Basic Agrarian Law, namely Article 21 paragraph (1), (3), Article 36 paragraph (1); and Article 29 paragraph (1), (3), (4) and Article 35 paragraph (1) of the Marriage Law. The Constitutional Court through Decision Number 69 / PUU-XIII / 2015, in particular on the verdict stating: “At the time or before the marriage takes place or during the marriage bond, the two parties to mutual consent may  submit a written agreement  authorized by the marriage registry officer, after which the contents also apply to the third party caught “. This poses a problem where it will be difficult to know the existence of a third party related to the making of a marriage agreement. The conclusion is that the Constitutional Court Decision does not regulate the legal consequences of marriage agreement after marriage to the status of property but implicitly regulate the legal effect on a third party


2014 ◽  
Author(s):  
Jaclyn M. Moloney ◽  
Chelsea A. Reid ◽  
Jody L. Davis ◽  
Jeni L. Burnette ◽  
Jeffrey D. Green

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