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Tanggung Jawab Notaris Atas Keterangan Palsu Dalam Akta Rapat Umum Pemegang Saham Luar Biasa Anisa Nabila Hamdi; Mohammad Fajri Mekka Putra
UNES Law Review Vol. 7 No. 1 (2024): UNES LAW REVIEW (September 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2317

Abstract

The authority of a notary is to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or desired by those interested to be stated in an authentic deed. A notary is obliged to guarantee the truth of the deeds they make; therefore, a notary must act honestly, fairly, and transparently in making an authentic deed. However, notaries often act carelessly and are not thorough in carrying out their duties and positions, which can lead to legal problems in both the legal and criminal realms. The issues discussed below concern the responsibilities of a notary who includes false information in making a deed for an extraordinary general meeting of shareholders and the legal consequences of a notarial deed that includes false information. The type of research used to address this problem is normative legal research, descriptive in nature. The data used is secondary data analyzed qualitatively, and the method of drawing conclusions uses deductive logic. Based on the research results, a notarial deed containing elements of a criminal act can render the notary criminally liable under Article 55 and Article 56 of the Criminal Code due to negligence in falsifying documents. This can result in the notarial deed being annulled or nullified by law..
Child Custody after Divorce (Case Study of Court Decision Number 242/Pdt.G/2019/PN.Tjk) Amalia Damayanti; Mohammad Fajri Mekka Putra
Awang Long Law Review Vol. 4 No. 2 (2022): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (981.577 KB) | DOI: 10.56301/awl.v4i2.378

Abstract

Marriage is the legally or formally recognized union of two people, a man and a woman, as partners who are physically and mentally bonded with the aim of forming a harmonious family or household. However, not all marriages last forever. When a marriage ends, divorce can occur. Divorce itself brings legal consequences, one of which is regarding child custody. Child custody after the occurrence of a divorce based on the provisions of Article 41 letter (a) of Law Number 1 of 1974 stipulates that both parents are obliged to continue to care for and educate their child for the benefit of the child and if there is a dispute regarding the control of the child, the court gives its decision. However, in reality a lot has happened in nurturing and educating child after the divorce, as in the case of Number 242/Pdt.G/2019/PN.Tjk.
Tanggung Jawab Notaris Atas Keterangan Palsu Dalam Akta Rapat Umum Pemegang Saham Luar Biasa Anisa Nabila Hamdi; Mohammad Fajri Mekka Putra
UNES Law Review Vol. 7 No. 1 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v7i1.2317

Abstract

The authority of a notary is to make authentic deeds regarding all acts, agreements, and stipulations required by statutory regulations and/or desired by those interested to be stated in an authentic deed. A notary is obliged to guarantee the truth of the deeds they make; therefore, a notary must act honestly, fairly, and transparently in making an authentic deed. However, notaries often act carelessly and are not thorough in carrying out their duties and positions, which can lead to legal problems in both the legal and criminal realms. The issues discussed below concern the responsibilities of a notary who includes false information in making a deed for an extraordinary general meeting of shareholders and the legal consequences of a notarial deed that includes false information. The type of research used to address this problem is normative legal research, descriptive in nature. The data used is secondary data analyzed qualitatively, and the method of drawing conclusions uses deductive logic. Based on the research results, a notarial deed containing elements of a criminal act can render the notary criminally liable under Article 55 and Article 56 of the Criminal Code due to negligence in falsifying documents. This can result in the notarial deed being annulled or nullified by law..