Jurnal Konstatering
Vol 3, No 2 (2024): April 2024

The Evidential Power of a Private Deed Legalized by a Notary in Court

Ikstian, Shandy Fanyahya (Unknown)



Article Info

Publish Date
12 Nov 2024

Abstract

The evidentiary power of a private deed as evidence in a court proceeding that is connected to the notary's authority in legalization. This study aims to determine the strength of a private deed as evidence in a court proceeding, to determine whether or not the legalization function of a deed made privately can provide additional evidentiary power in a court hearing. Based on the results of the study, it can be seen that: 1) The practice of legalization by a Notary is that legalization is an acknowledgment of the date of the agreement, so that a private deed that has been legalized provides certainty for the judge regarding the date, identity, and signature of the parties concerned and related to the agreement. In addition, as long as they still have the authority to carry out their duties as a Notary; 3) The legal consequences in evidence in court in the event that there is a private deed that is legalized by a notary are that it does not have perfect evidentiary power because it lies in the signatures of the parties which, if recognized, are perfect evidence like an authentic deed. In contrast to authentic deeds which have definite evidentiary power, for private deeds the evidentiary power lies in the hands of the judge to consider them (Article 1881 paragraph (2) of the Civil Code).

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Journal Info

Abbrev

jk

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

Description

Jurnal Konstatering is a peer-reviewed journal published by Master of Notary Program, Faculty of Law, UNISSULA, Semarang. Jurnal Konstatering published in four times a year they are in January, April, July and October. This journal provides immediate open access to its content on the principle that ...