Liability of Parties to Attach the Fingerprint on the Minuta Deed of Notary

Josi Hestika Sari, Ismansyah Ismansyah, Azmi Fendri

Abstract


This study examine and to analyze article 16 paragraph (1 ) letter C UUJN, namely of obligation to attact fingerprints to the Minuta Notary deed. As for the problem is the reason the parties mush attach their fingerprints to the Notary deed minutes. This research is a kind of normatif juridical research. The research approach used in   descriptive sociological legal research. Type of data used are primary, secondary and tertiery data. Sources of data in this study are primary, secondary, and tertiary data sources. Data completion technique used in literature study and study. Based on the results of the study, it is known that the sticking of the fingerprints does not effect the authenticity of an authentic deed. There is an obligation to attact a special sheet of fingerprints that aim to protect the Notary public from the act of denial of signature that is done by the eater. When at one point the signatory was denied by the taper and was sued in court.  Althought the deed without a fingerprints is not accepted, the Notarial deed remains an authentuc deed and is not degraded into a ded under the hand.

Based on the deskription, the Notary must carry out his obligation to attacct the fingerprint of the addressee, because it is a form of legal protection for the Notary against the denial of signature by the tappers.


Keywords


Fingerprint; Minute deed; Notary Public

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References


Books

G.H.S Lumbun Tobing, Notary Position Regulation "Elangga publisher, Jakarta, 1999.

Harahap M.Yahya, "Civil Procedure Law", Sinar Grafika, Jakarta, 2015.

Indonesia Legal center, Association of Laws for Notary Position & PPAT, Karya Gemilang, Jakarta, 2009.

Komar Andasasmita, "Notary with History, Role, Duty Obligations, Secret Position" Sumur, Bandung, Bandung, 1981.

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Peter Mahmud Marzuki, Introduction to Legal Studies, Kencana Pranada Media Group, Jakarta, 2008.

Salim HS and Erlies Septiana Nurbani, "Technique for Making One Deed", Grafindo Persada, Jakarta, 2015

Website

http://hukumonline.com,

Laws And Regulations

Civil Code (KUHPerdata)

Law No. 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position.

Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 37 of 2016 concerning Procedures for Taking, Formulation and Identification of Fingerprint Scans.

Interview

Ms. Notary Pasnelyza Karani, SH. M.Kn Notary in Solok Regency.

Mr. Notary Endra Falrido, SH. M.Kn Notary in Solok Regency.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1112

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