Notary’s Liability for Notarial Protocol Damaged by Disaster

Ahmad Hari Lazu Ardani, Salim H. Sidik, Eduardus Bayo Sili

Abstract


This study discusses the notary’s liability for notarial protocol damaged by disaster. This study applies empirical normative legal research method conducted by examining library materials and direct observation in the field of notary’s liability against notarial protocol and forms of legal protection for notary. Notarial protocol is a collection of documents that are state archives that must be stored and maintained by a notary in accordance with the provisions of the legislation. Notary has a very important position and role in the life of the nation and state, because he/she has the authority specified in the laws and regulations. Force majeure is an event or situation that occurs outside the power of the parties concerned; in this case, the company and workers/ laborers. Force majeure uses the term “overmacht”. Fixed overmacht means overmacht which results in a continuous agreement or forever and is impossible to implement or cannot be fulfilled at all. In such circumstances, the overmacht automatically ends the agreement because it cannot be fulfilled. Temporary overmacht means overmacht which results in the implementation of an agreement postponed from the time specified in the agreement. In addition, authentic deeds are deeds made by officials authorized to do so. They are rulers according to stipulated provisions with or without assistance from related parties. They note what the related parties requested to be included in the authentic deed. The authentic deed contains information about an official who explains what happened or was seen before him/her. In this case, there are no rules that regulate about how a notary must be liable for the damaged protocol and how the forms of legal protection.


Keywords


Notary; Legal Protection; Disaster

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References


Books

Celina Tri Siwi Kristiyanti, Consumer Protection Law, PT Sinar Grafika, Jakarta: 2008 page 92

E Suherman, Various Aerospace Legal Issues (Collection of Papers 1961-1995), Mandar Maju, Bandung: 2000, page 37.

Habib Adjie, 2009, Civil and Administrative Sanctions against Notary as Public Official, (Bandung: Refika Aditama,), page 32.

Hans Kalsen, General Theory of Law and State, PT Raja Grafindo Persada Bandung: 2006 page 95

Salim H.S., 2008, Contract Law, Sinar Grafika, Jakarta, page 100

Salim H.S., 2018, Notary Position Regulations, East Jakarta: Sinar Grafika, page 26

Salim H.S., S.H., 2015, Technique in the Making of Deed One, Depok: Raja Grafindo Persada, page 199

Salim H.S., Introduction to Written Civil Law (Burgerlijk Wetboek), PT. Sinar Grafika, Jakarta: 2008, page 45

Satjipto Rahardjo, Legal Studies, PT Citra Aditya Bakti, Bandung: 2000, page 55

Legislation

Sub-c Consideration of Law No. 30 of 2004

Sub-b Consideration of Law No. 30 of 2004

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

Civil Code




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.826

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