scholarly journals Accountability of a Notary in Court for Underhand Deed Legalized by a Notary

2021 ◽  
Vol 20 (2) ◽  
Author(s):  
Agung Aditya
Keyword(s):  
Strong Evidence ◽  
Criminal Sanctions ◽  
Notary Public

This research aims to provide an explanation of the responsibility of notary public in the Court of deed under the hands of a notary public, facts in the field show that a Notary is often called to the court to give testimony on the evidence of the trial, namely a letter under the hand legalized by the notary, therefore there needs to be an explanation of the notary's liability for the deed made or legalized. Notary responsibility for deed under legalized hands is heavier than waarmerking, because the parties sign before notary public where notary does not ascertain the content of a deed whether it is wrong or true. Although only legalization but the deed under the hand has the value of being a valid and strong evidence in court so that sometimes dragging a notary witness in the trial. Notary can be subject to criminal sanctions if they are proven to have harmed one of the parties and the Notary can also be subject to civil sanctions in the form of compensation according to what was suffered by the parties.

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 Perlindungan Hukum bagi Notaris dalam Melegalisasi Akta Dibawah Tangan yang menjadi Objek Sengketa

2020 ◽  
Vol 1 (1) ◽  
pp. 189-194
Author(s):  
Ida Ayu Chandra Cintiadewi ◽  
I Nyoman Putu Budiartha ◽  
Ni Gusti Ketut Sri Astiti
Keyword(s):  
Strong Evidence ◽  
Empirical Data ◽  
Research Method ◽  
Legal Protection ◽  
The State ◽  
Public Official ◽  
Legal Power ◽  
Notary Public ◽  
Material Conditions

A notary public genuinely serves as a public official appointed directly by the state, of which the authority is to make a deed as regulated in Notary Position Act (in Indonesian called UUJN-P). In addition to the main duty of making an authentic deed, the notary has the authority to legalize the deed made under the hand. Legal protection for Notaries is regulated in Article 66 of UUJN-P. This study aims to put up a standpoint of the legal regulatory concerning the authority of a Notary in making the deed under the hand which is the object of a dispute and legal protection for the Notary concerned in legalizing the mentioned deed. Using normative research method supported by empirical data, the results of the study show that, firstly, regarding the Notary authority in making a deed is divided into two, an authentic deed (notarial deed) and a deed under the hand. In the legal power of its evidence in court, a deed made under the hand can be evidence according to Article 1866 BW, but is not as perfect as an authentic deed because when the formal and material conditions of the agreement are recognized by the parties, since then the power of the deed under the hand becomes a strong evidence in the court. Secondly, legal protection can be realized through preventive and repressive efforts, but what is regulated in UUJN-P is not comprehensive yet it only protects the outside, a deadline indicates a weakness to protect. Making new regulations or adding clear elements of legal protection can clarify the position of the Notary to protect themselves in a conflict that results in litigation aimed at maintaining the honor of the Notary profession in society.

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 LAW ENFORCEMENT AND PROTECTION OF NOTARIES IN THE CRIMINAL DOMAIN AND LAW OF NOTARY POSITION (CASE STUDY OF DECISION NUMBER 196/PID.B/2019/PN DENPASAR)

2021 ◽  
Vol 6 (1) ◽  
pp. 38-45
Author(s):  
Gede Amatya Ananta ◽  
I Made Arjaya ◽  
Anak Agung Istri Agung
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Professional Ethics ◽  
Supervisory Board ◽  
Legal Protection ◽  
Applicable Law ◽  
Criminal Sanctions ◽  
Notary Public ◽  
Administrative Sanctions

Notary is an official authorized to make an authentic deed in accordance with the provisions of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Position of Notary (UUJNP). In carrying out his duties, the notary must uphold the moral values ​​and professional ethics and must obey the applicable law so as not to make mistakes which will carry risks for the notary himself and cause harm to the community. Risks arising from negligence for the notary public in their duties are in the form of enforcement of sanctions both civil sanctions, criminal sanctions and administrative sanctions. This study analyzes criminal enforcement of notaries, as well as norm conflicts that arise between criminal decisions by judges against notaries and the applicable laws. The aims of this study is to find out the enforcement and sanctions against notaries in the realm of criminal law and notary office law based on case study of decision number 196 / pid.b / 2019 / pn Denpasar), and to determine the form of legal protection against notaries. This study uses the normative juridical method. The results of this study revealed that there are two elements in law enforcement and protection of notaries, namely preventive and repressive. Preventive in the form of supervision of notary practices and repressively is the imposition of sanctions. The form of legal protection for notaries is carried out by the Notary Supervisory Board and the Notary Honorary Council.

Concurrent Electrodermal and Eyeblink Conditioning With Masked and Unmasked Stimuli

2021 ◽  
Vol 35 (1) ◽  
pp. 35-42
Author(s):  
José Luis Marcos ◽  
Azahara Marcos
Keyword(s):  
Unconditioned Stimulus ◽  
Strong Evidence ◽  
Eyeblink Conditioning ◽  
Noise Burst ◽  
Conditioning Phase ◽  
Contingency Awareness ◽  
Blank Screen ◽  
Neutral Face ◽  
Fearful Face

Abstract. The aim of this study was to determine if contingency awareness between the conditioned (CS) and unconditioned stimulus (US) is necessary for concurrent electrodermal and eyeblink conditioning to masked stimuli. An angry woman’s face (CS+) and a fearful face (CS−) were presented for 23 milliseconds (ms) and followed by a neutral face as a mask. A 98 dB noise burst (US) was administered 477 ms after CS+ offset to elicit both electrodermal and eyeblink responses. For the unmasking conditioning a 176 ms blank screen was inserted between the CS and the mask. Contingency awareness was assessed using trial-by-trial ratings of US-expectancy in a post-conditioning phase. The results showed acquisition of differential electrodermal and eyeblink conditioning in aware, but not in unaware participants. Acquisition of differential eyeblink conditioning required more trials than electrodermal conditioning. These results provided strong evidence of the causal role of contingency awareness on differential eyeblink and electrodermal conditioning.

Salience of Crime and Support for Harsher Criminal Sanctions

1979 ◽  
Vol 26 (4) ◽  
pp. 413-424 ◽  
Author(s):  
D. Garth Taylor ◽  
Kim Lane Scheppele ◽  
Arthur L. Stinchcombe
Keyword(s):  
Criminal Sanctions

BLOCKADE OF THE SURGE OF PROLACTIN AT PRO-OESTRUS BY ADMINISTRATION OF ANTI-OESTROGENIC SUBSTANCE, MER-25

1973 ◽  
Vol 74 (4) ◽  
pp. 769-774 ◽  
Author(s):  
Akira Yokoyama ◽  
Hiroshi Tomogane ◽  
Katuaki Ôta
Keyword(s):  
Strong Evidence ◽  
The Other ◽  
Other Hand

ABSTRACT A non-steroidal oestrogen antagonist, MER-25, was administered to cycling rats for elucidating the role of oestrogen in the surge of prolactin observed on the afternoon of pro-oestrus (POe). In animals injected with 20 mg of MER-25 intramuscularly on the afternoon (16.30 h) of the first day of dioestrus (D-1), the surge of prolactin was blocked while the level of prolactin on the afternoon of POe of these animals was significantly higher than that of the corresponding controls injected with oil. Ovulation was also blocked in these animals treated with the drug on the afternoon of D-l. On the other hand, treatment on the morning (10.30 h) of the 2nd day of dioestrus failed to prevent not only the surge of prolactin but also ovulation. These observations provide strong evidence for the view that oestrogen is responsible for the surge of prolactin on the afternoon of POe, and that the surge is accompanied by that of LH.

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