Jurnal Hukum dan Keadilan
Vol. 2 No. 3 (2025): JHK-April

Legal Power of Authentic Deeds and Underhand Deeds in Civil Cases

Flora, Henny Saida (Unknown)



Article Info

Publish Date
27 Apr 2025

Abstract

This study aims to analyze and compare the legal force between authentic deeds and deeds under hand in civil cases in Indonesia. The focus of the study is directed at how the two types of deeds function as written evidence in the evidentiary process in court, and the extent to which they provide legal certainty for the parties. The method used is normative legal research, which is research based on an analysis of legal norms in laws and regulations, legal doctrines, and court decisions. The approaches used include the statute approach, the conceptual approach, and the case approach. The results of the study show that authentic deeds made by public officials have perfect evidentiary power, both formally and materially, and provide higher legal certainty in the settlement of civil cases. Meanwhile, the deed under hand has a weaker evidentiary power because it relies on the acknowledgment of the parties who made it or reinforcement through legalization and additional proof. Therefore, to strengthen the legal position of deeds under hand, it is necessary to increase public legal literacy and update regulations that provide clarity regarding legalization and recognition of its evidentiary power before the law.

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Journal Info

Abbrev

jhk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The Journal of Law and Justice has a focus and scope that includes: 1. Legal science 2. Criminal law 3. Civil law 4. State administration 5. Constitutional law 6. Philosophies of law 7. Customary law We also strongly encourage multidisciplinary and interdisciplinary research as long as the strong ...