Journal of Strafvordering Indonesian
Vol. 1 No. 3 (2024): JOSI-JULY

Exploring the Role of Notaries in Common Law and Civil Law Legal Systems: A Comparative Analysis of Authentic Deed Making

Indi Nuroini (Universitas Bhayangkara Surabaya)
Akfah Zakiah Jamilah (STAI Daarut Tauhid)
Agung Wildan Azizi (STAI Daarut Tauhid)
Ajeung Syilva Syara Noor Silmi Sudrajat (STAI Al-Falah Cicalengka Bandung)



Article Info

Publish Date
27 Jul 2024

Abstract

The role of notaries in Civil Law and Common Law legal systems, with a focus on Indonesia and Malaysia as examples of each. The Civil Law legal system in Indonesia regulates notaries as public officials responsible for making authentic deeds with strong evidentiary power in the eyes of the law. This study uses a normative research approach to explore the legal regulations governing notaries in both legal systems, by analyzing the UUJN in Indonesia and the Notaries Public Act 1959 in Malaysia. The main findings show that notaries in Civil Law have broader authority in making authentic deeds compared to Notary Public in Common Law, which focuses more on document verification and attestation. This difference reflects the characteristics of each legal system in regulating the role of notaries in maintaining legal certainty in society. Further research on these differences and similarities can provide valuable insights for legal development in both systems, as well as help formulate more effective strategies in meeting the increasingly complex and connected global legal needs.

Copyrights © 2024






Journal Info

Abbrev

JOSI

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

The journal publishes original articles on current issues and international trends in the field of criminal law. The purpose of the publication of this Journal is to provide a space to publish critical thinking on original research results, as well as conceptual ideas from academics, researchers, ...