Nurfaidah Said
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Journal : Awang Long Law Review

AUTHORITY TO ACT HUSBAND OR WIFE IN MAKING A DEED OF TESTAMENTARY ESTATE (LEGAAT) ON JOINT PROPERTY IN MARRIAGE Jassica Halim; Ahmadi Miru; Nurfaidah Said
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (377.463 KB) | DOI: 10.56301/awl.v5i1.534

Abstract

The purpose of this study was to analyze the actions of the husband or wife in making a deed of the testamentary estate of joint property in marriage. This type of research is normative-legal research, using a legal approach, a conceptual approach, and a case approach. The legal materials used are primary legal materials and secondary legal materials, using library research techniques, qualitatively analyzed using prescriptive presentation techniques. The results showed that the husband or wife's authority to act in making a deed of the testamentary estate (legaat) on joint property in a marriage, namely a capable husband or wife and a lamp to act alone without requiring the approval of the wife or husband, as long as what was granted in the will only and part-owned by husband or wife over the object of joint property in marriage, because if the deed of grant of will on joint property in a marriage is made jointly by husband and wife or made by husband or wife with the consent of the wife or husband, then on the deed of grant of will it will be in danger of being canceled.
THE VALIDITY OF THE NOTARY DEED TO REVIEW A TYPE OF ERROR USING A PEN ERASER Yossi Islamiya Pratiwi; Hamzah Halim; Nurfaidah Said
Awang Long Law Review Vol. 5 No. 1 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (300.461 KB) | DOI: 10.56301/awl.v5i1.540

Abstract

The authority of a notary is governed by the Notary Position Act in article 15 paragraph (1). In terms of erasing using a pen eraser, is not allowed and is not regulated in the Notary Position Act. However, if the minutes and copies of the deed remain the same, then the error in the deed is not a substantive error and there is no lawsuit against it. Therefore, the deed is still valid as an authentic deed. Regarding the legal consequences, whether a Notary deed is an authentic deed or not, will be decided by a judge in court.