Public Notary Services In Malaysia

This research aims to identify and analyze legal protection for Notary employees who are instrumental witnesses in the Notary Deed, and to identify and analyze legal responsibilities for Notary employees who are instrumental witnesses in the Notary Deed which contains defects. This study used a normative juridical approach by using descriptive analytical research specifications. The type of data in this legal research was normative using primary legal materials and secondary legal materials, as well as tertiary legal materials. The data collection method in this study was in the form of literature and the data analysis method used qualitative data analysis. Based on the results of research and discussion, that the legal protection of a Notary employee who is an instrumenter witness is found in Act No. 31 of 2014 concerning Amendments to Act No. 13 of 2006 concerning the Protection of Witnesses and Victims. Then that the Notary employee who is the instrumenter witness in the Notary deed is not responsible for the deed and if there is a formal defect in the Notary Deed so that the Notary Deed is degraded its proof value as an underhand deed or if in the Notary Deed there is a material defect so that the Notary Deed can be canceled or null and void by law is not the responsibility of the Notary employee who is the instrumenter witness in the deed.

Section: Methodsmentioning

confidence: 99%

The Legal Protection for Notary Employees who are Instrumental Witnesses in Notary Deed

Suarto

Gunarto

Arpangi

et al. 2022

“…Thoughts about consistency, disobedience or deviation and avoidance are closely related to laws that contain restrictions or orders. 5 Registration here is not a requirement for buying and selling land, considering that the sale and purchase of land occurs after the sale and purchase is carried out before the PPAT. Therefore, the sale and purchase of land is legal and closed with the making of the PPAT deed and the PPAT deed is evidence that the sale and purchase has taken place, in particular that the buyer has obtained property rights and trade rights records.…”

Section: Ppat's Legal Obligations Inmentioning

confidence: 99%

Responsibilities of PPATs who are Late in Registering Deeds Has Been Made to the Office of the National Land Agency

Sari

Setyawati

2022

PPAT services as an authorized position are very useful for certain people, especially for people who do not understand the law. Some people who do not understand the law feel unable to handle the legal problems they face, given the limited data around the law. For quick access to PPAT-related matters, the national office must issue a receipt for submitting a registration application, for example, a deed from the PPAT and submit the file to the appropriate PPAT. This responsibility not only affects the progress of understanding or compliance with the law, but also considers the greater legal impact on PPAT's thoughts or behavior, both positive and negative. Because of the importance of evidence as a way of affirmation that can provide legal certainty and guarantee to the right holder, the making of a deed of transfer of land rights as a reason to follow land registration data through the sale and purchase of land rights must be in accordance with the timeframe previously specified in Article 40 paragraph (1) Government Regulation Number 24 of 1997 concerning Land Registration.

“…So that in civil cases, the authentic deed is evidence that is binding and coercive, meaning that the judge must assume that all legal events stated in the authentic deed are true, unless there is other evidence that can eliminate the power of proof of the deed. 2 A notarial deed has perfect evidentiary power so that if there is a person or party who judges or declares the deed is not true, then the person or party who judges or declares it is obliged to prove his assessment or statement in accordance with the rule of law. If there is a civil lawsuit or criminal complaint from one of the parties, it is possible that the notary will be involved in the problems of the litigants regarding the deed made by the notary.…”

Section: Introductionmentioning

confidence: 99%

Notary Accountability for False Information by Appellant in Establishment Deed of Limited Liability Company

Gunawan

2021

The purpose of this research is to analyze and find out: 1). Procedure for Making a Deed of Registration of a Limited Liability Company. 2). The form of the Notary's liability for the deed of establishment of a Limited Liability Company made based on false information. The approach method in this research is normative juridical. The data used are primary and secondary data obtained through interviews and literature study, data analysis was carried out by analytical descriptive. The results of the research concluded: 1). The procedure for making the registration deed of a Limited Liability Company (PT) is that it must meet the requirements in an establishment of a PT other than what has been regulated in Article 7 paragraph (1) of the Company Law, which must be based on an agreement made by 2 (two) or more persons, the form of the Deed of Establishment of a PT must also be in the form of a Notary Deed drawn up in the Indonesian language, in other words, in this case the Notary has the role of making a Deed of Establishment of a PT, which functions as probationis causa and solemnitas causa. 1) The notary is only formally responsible for the documents shown to him, in which the notary has no obligation to materially prove the truth of the documents shown to him. However, the notary must conduct an examination of all documents submitted to him which then also asks the appearer for information to be synchronized with the information contained in the document, in which case there are irregularities related to the documents and information submitted to him, the notary may refuse to continue the stages of making the deed. . Notaries can only be held accountable if the Notary is proven to have violated the provisions of Articles 84 and 85 of the UUJN and the notary code of ethics, which can be held criminally, civilly and administratively responsible.