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All Journal Jurnal Akta Law Development Journal
Andi Kusuma Mapareppa
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Humanities Law, Crime, Criminology & Criminal Justice

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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 Zahren Zukri Alyafie; Andi Kusuma Mapareppa; Amin Purnawan
Jurnal Akta Vol 7, No 2 (2020): June 2020
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v7i2.8104

Abstract

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.Based on this study concluded that: 1)Implementation of the Notary in Civil Responsibility of the Authentic Deed Which His Made, notary only responsible for the formal correctness of an Authentic Deed and not to the authentic deed material. The legal basis used in civil liability against the deed made by Notary Public Notary is if make mistakes because of broken promises as determined under the provisions of Article 1234 of the Civil Code and against the law as stipulated in the provisions of Article 1365 of the Civil Code. 2) Obstacles and Solutions in Implementation of Notary Responsibility of the Authentic Deed Which His Made, namely: a) Obstacles in the Implementation Responsibility The Notary of the Authentic Deed he made, when one of the parties then feel there are disadvantaged in this regard is the responsibility of the parties is not the responsibility of the notary. Precisely deed made by the notary is evidence that can be used by the parties. b) Solutions in the Implementation of Notary Responsibility of the Authentic Deed Which His Made If proved, no offense will be undertaken by the notary and harm either party in because a deed in him. The civil claims against the notary concerned civilly liable if proven.Keywords: Legal Responsibilities; Notary Public; Authentic Deed.
RELEASE OF ALL LEGAL DEMANDS (ONTSLAG VAN RECHT VERVOLGING) IN JUDGMENT'S CONSIDERATION Andi Kusuma Mapareppa; Jawade Hafidz
Law Development Journal Vol 2, No 3 (2020): September 2020
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (576.183 KB) | DOI: 10.30659/ldj.2.3.331-338

Abstract

This study aims to identify and explain the basic position of judges' considerations in issuing a decision free from all lawsuits for the accused and to analyze the development of law, law science and legal information technology and to adjust legal theory and legal practice for the sake of a sense of justice in society. This study uses a normative juridical approach. which refers to the applicable laws and regulations by examining secondary data on the principle of legal certainty, the principle of legal justice, the principle of legal usefulness as regulated in law number 4 of 2009 concerning Judicial Power. Based on the results of this study, there are differences in the meaning or terms between a release decision and an acquittal decision. In the judge's consideration in the case decision No.627 / Pid / Sus / 2018 / PN.Smg, in his consideration the judge stated that the defendant's actions were proven but not a criminal act as in the indictment of the public prosecutor and in accordance with the Semarang District Court judge in imposing a crime having considered juridical, sociological and philosophical considerations, in deciding the decision to be released from all lawsuits (ONTSLAG van RECHTVERVOLGING) based on article 191 paragraph (2) of the Criminal Procedure Code, which reads "If the court is of the opinion that the act of which the defendant is accused is proven, but the act does not constitute a criminal act, then the defendant is acquitted of all lawsuits ”.
Co-Authors Amin Purnawan Jawade Hafidz Zahren Zukri Alyafie