PERANAN NOTARIS TERHADAP KEPASTIAN HUKUM PERJANJIAN DI BAWAH TANGAN SEBAGAI ALAT BUKTI PERDATA DI PENGADILAN

Abstract

The purpose of this research is to find the role of the Notary against an underhand agreement which is used as evidence in court and to find the legal consequences of an underhand deed that has been registered or legalized by a Notary as evidence in court. The research method is empirical legal research. This research was conducted by interviewing respondents who live in Kapuas Regency because there are still many practice making agreements under hand. The theory of legal certainty from Gustav Radbruch that legal certainty is divided into certainty because of the law and certainty in or from the law. The finding of this research is that the role and responsibility of the notary towards the legal certainty of an underhand agreement is a guarantee of legal protection for the community in the event of default of the agreement made by the parties. The power of proof of a deed under hand in a civil case, as long as the deed under hand is not denied or denied by the parties, the underhanded deed has the same legal force as an authentic deed, whereas if the authenticity of the signature in the deed is under hand it is denied its correctness then the validity of the deed must be proven by using other evidence, such as witnesses, allegations and confessions