SUSANTO, ROBBY (2018) Tanggung Jawab Notaris Terhadap Pembuatan Akta Dalam Bahasa Inggris Yang Merugikan Pihak Lain Ditinjau Dari Undang-Undang Nomor 2 Tahun 2014 Tentang Jabatan Notaris. Masters thesis, University of Surabaya.
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Abstract
In the modern era, a society is increasingly to carry out a various crosscountry of legal relations involving two or more legal subjects of different nation and country. The legal relationship is established through a legal act that is a loan or credit. The credit agreement requires the existence of an authentic deed made by or in the presence of a notary public as a public official. The credit agreement is made only in English version without any translation in Indonesian. The Indonesians objected to the English deed because his legal rights was impaired. The English deed is judged to be contrary to Article 43 paragraph (1) of Law Number 2 of 2014 concerning Notary's Office, so the notary is required to be responsible for his attitude. Therefore, there are two issues, namely how is the liability of a notary in making an English deed only for the legal interest of the parties and how is the legal protection against to other party who is disadvantaged as a result of English deed. This research is about juridical normative research with the constitution approach (statute approach) and conceptual approach, and a case construction. The law materials is about primary and secondary law materials, and the techniques collected used is the literature study. The results showed that the liability of a notary in making an English deed only for the legal interest of the parties pursuant to Law Number 2 of 2014 concerning Notary Office (UUJN) which is morally, administratively and civil liability. This is connecting with the implementation of the legal responsibilities granted by law, in accordance with Article 1 point 1 of UUJN jo Article 15 UUJN, and Article 4 paragraph (2) UUJN jo. Article 1365 of the Civil Code. Meanwhile, a legal protection against to any other party who is disadvantaged as a result of English deed namely the aggrieved party may file a lawsuit against to the notary in a court, and the notary have to pay the indemnity to the disadvantaged party, and credit agreement deed is declared null for the sake of law. The suggestion that may be submitted that the notary is expected to carry out his duties with full liability both morally, administratively and civil in creating an English deed as well to translate it in to an Indonesian version for the legal interests of the parties. Moreover, legal protection against to one of a disadvantaged party is expected to continue to be implemented in order to provide justice, benefit and legal certainty.
| Item Type: | Thesis (Masters) |
|---|---|
| Uncontrolled Keywords: | tanggung jawab, notaris, akta, bahasa Inggris, kerugian, pihak, Undang-Undang Jabatan Notaris |
| Subjects: | K Law > K Law (General) |
| Divisions: | Postgraduate Programs > Master Program in Notary |
| Depositing User: | Eko Wahyudi 197013 |
| Date Deposited: | 12 Jun 2018 04:20 |
| Last Modified: | 12 Jun 2018 04:20 |
| URI: | http://repository.ubaya.ac.id/id/eprint/32556 |
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