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All Journal Mimbar Yustitia : Jurnal Hukum dan Hak Asasi Manusia
Nindiasari, Septian Putri
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Law, Crime, Criminology & Criminal Justice Social Sciences

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PERAN NOTARIS DALAM PERLINDUNGAN HUKUM TERHADAP PIHAK KETIGA ATAS PEMBUATAN PERJANJIAN PERKAWINAN SETELAH PERKAWINAN BERLANGSUNG Nindiasari, Septian Putri; Rato, Dominikus; Ali, Moh.
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 6 No 2 (2022): Desember 2022
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v6i2.3655

Abstract

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed. The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties. The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.
Kedudukan Hukum Surat Keterangan Ahli Waris Sebagai Alas Hak Dalam Pembuatan Akta Perjanjian Pengikatan Jual Beli (PPJB) Nindiasari, Septian Putri; Rato, Dominikus; Susanti, Dyah Octhorina
MIMBAR YUSTITIA : Jurnal Hukum dan Hak Asasi Manusia Vol 7 No 1 (2023): Juni 2023
Publisher : Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/mimbar.v7i1.4195

Abstract

Certificate of Heir for native citizens is usually made by the heirs themselves, signed by Village Head, and acknowledged by Subdistrict Head. Besides that, it can also be directly made by Village Head and acknowledged by Subdistrict Head; it contains the names of heirs who have the right to inherit the property. The research used judicial normative and descriptive analytic method. The result of the research shows that Certificate of Heir which is made by the heirs, signed by Village Head, and acknowledged by Subdistrict Head. A Notary is not responsible for a sales contract which uses Certificate of Heir issued by Village Head, and thus it is considered invalid. A Notary is only responsible for the authenticity of a Sales Contract drawn up by him since it is in line with the prevailing legal provisions on Notarial Position as stipulated in UUJN (Notarial Act) No. 30/2004 juncto UUJNNo. 2/2014. Keywords: Certificate of Heir, Village Head, Notary, Native Citizens
Co-Authors Dominikus Rato Moh. Ali Susanti, Dyah Octhorina