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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Pengaruh Kesalahan Penulisan Komparisi Terhadap Suatu Akta Autentik Notaris Ditinjau Dari Hukum Pembuktian

Kitria Ine Damayanti
Diterbitkan 2016

Abstrak

Development of legal relations in society, the need for legal services that can protect the interests of the community in the form of evidence in the Deed of authentic increasing, because in the Deed of authentic contained all the elements of evidence, determine the rights and obligations, ensure legal certainty, and is expected to prevent a dispute, PPAT as the Notary Deed authentic authority to make on the basis of the desire or the will of the parties. Under the Civil Code, a deed so authentic it must be made according to the form and manner determined by the Act. Komparisi is one of the most important part in making authentic deed which contains Identity, skills and authority to act, and the position of the parties, as stipulated in Law No. 2 of 2014. Writing komparisi requires understanding, prudence and thoroughness, as komparisi decisive the validity of a deed. This is true, but in the world practice there are errors that must be faced Notary, one of which is a typing error in komparisi. Komparisi writing errors may occur due to lack precisely apply the provisions stipulated in the Act, and from the evidence by the parties. Komparisi writing error can be attempted to be fixed for mandatory repairs to be done, because in principle what is contained in the Deed of authentic must be true. Based on the authors conducted a study to raise the issue as to whether writing errors komparisi can affect the value of the deed strength in terms of the basic rules of evidence, and what form that effort should be made if an error occurs writing komparisi. This research to be used by normative and being followed by the law and the case through systimatic aggreement. Based on the results of this research is that errors can be expressed writing komparisi wrong if based on the evidence. Error writing komparisi Notary deed that is not attempted repair may affect the deed and the parties in the deed. In terms of value the power of the deed, if repaired correctly then the value of the strength of evidence is perfect, and if repaired but one of the value of the strength of evidence is not perfect, pursuant to section 41 UUJN and 1869 of the Civil Code. Efforts to do if an error occurs writing komparisi is to make improvements through Renvooi under article 48 paragraph 2 UUJN or through Erratum under article 51 paragraph 2 and 3 UUJN. Komparisi writing error correction must be made according to the procedure determined by the events of the Act, so that the value of the power of the deed can be used as evidence that a strong and binding, and not degraded.

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