Material Truth Research Articles

The Importance of the Admissibility of Evidence in Lithuanian Civil Procedure

The article analyses the importance of the admissibility of evidence in Lithuanian civil proceedings. The analysis of various sources of law allows to link the admissibility of evidence in civil proceedings not only with one of the features of evidence, but also with the objectives of this institute in civil proceedings: ensuring the quality of proof, the cost-efficient process, a fair and just trial, and other values.The reduction of the importance of the admissibility of evidence is essentially influenced by aspects related to the whole evidentiary process – the principle of free evaluation of evidence, the purpose of determination of material truth, and procedural norms establishing the judge as the final assessor of admissibility of evidence and facts. The objectives of the admissibility of evidence in civil proceedings make it necessary to find possible solutions that ensure a more appropriate relationship between the admissibility of evidence and the reasons of its importance.

THE EFFECTIVENESS OF MAHKOTA WITNESSES (KROON GETUIDE) EVIDENCE ON NARCOTICS ABUSE

The use of Mahkota witnesses in Indonesia is still a matter of debate today, both among practitioners and academics, because there is no legal certainty regarding the use of this Mahkota witness. The research method uses juridical normative, the results obtained state that the effectiveness of the presence of Mahkota witnesses is to complete the minimum requirements for evidence to prove someone guilty. Where in the case of narcotics abuse, the lack of evidence found can facilitate the judicial process, the Mahkota witness is used to complete the truth to be revealed or material truth. The Mahkota witness does not affect the severity or lightness of the crime, but its usefulness is as a matter of convincing about the defendant's guilt or whether or not a narcotics abuse is proven. The testimony of the Mahkota witness has the power of proof if it is declared valid as a witness, there is no objection from the defendant's legal adviser regarding the presence of the Mahkota witness and the statement is stated before the court which has been sworn in beforehand and the information given is in accordance with the testimony given by other witnesses or tools other evidence so as to prove the defendant's guilt.

ULTRA PETITA DECISIONS IN THE CONTEXT OF CRIMINAL LAW ENFORCEMENT IN INDONESIA

The imposition of ultra petita decisions in the practice of criminal law enforcement in Indonesia continues to be going on today. This paper tries to examine the ultra petita decisions with the provisions in the Criminal Procedure Code, and the principle of freedom and the active role of judges. In answering the problem, the writer makes use of a type of normative legal research that’s done by researching positive law. The results of the discussion display that the Criminal Procedure Code doesn’t prohibit judges from imposing ultra petita decisions. In examining criminal cases, the judge can impose decisions that are outside of the requisition or exceed the requisition of the public prosecutor. The Criminal Procedure Code only stipulates that the basis for the judge in imposing a decision is the bill of indictment. Justification for the imposition of decisions is also based on the principle of judge freedomand judges are active. Under these two principles, judges are free to impose decisions without influence from other parties and actively searching for out facts that are revealed in court for the realization of material truth as the aims of criminal procedural law. The writer's recommendations are: 1) Criminal law enforcers (judges, public prosecutors, lawyers/ defendants) need to form a common awareness that ultra petita decisions are permitted; 2) The rule by which the judge gives the ultra petita decisions needs to be made immediately, each for the short and long term.

Legal Framework of the Mechanism for the Elimination of Judicial Errors in Germany: A Comparative Legal Aspect

The paper examines the legally enshrined principles of material truth (§ 244 II StPO) and free assessment of evidence (§ 261 StPO), as well as the doctrinal requirement for a comprehensive, complete and objective study of the circumstances of a criminal case from the standpoint of the legal mechanism for identifying and eliminating (eliminating) judicial errors in criminal proceedings in Germany. The meaning and functions of the named concepts for criminal proceedings have been determined. The influence of the principle of material truth (Untersuchungsgrundsatz, Aufklärungspflicht) and the principle of free evaluation of evidence on law enforcement are analyzed. Based on the analysis of the universal regulatory framework of the elimination of judicial errors and the corresponding judicial practice, comparing the current legal regulation of Germany with the Soviet criminal process, the author formulates hypotheses on the possibility of returning to the domestic criminal procedural law of truth as a special legal structure that guarantees the quality of the investigation of the circumstances of the criminal case and ensuring uniform judicial practice.

Penerapan Asas Hakim Aktif (Dominus Litis) dalam Persidangan di Pengadilan Tata Usaha Negara (Studi Kasus Putusan No.1/G/2017/PTUN.DPS.)

In the judiciary the Judicial State Administration plays a more active role in the trial process in order to obtain material truth. The activist of the judge is intended to compensate for the unequal position of the parties, namely the Defendant is an entity or official of the State administration and the Plaintiff is an individual or civil legal entity. In this research there are two main problems, namely (1) how is the Procedure for Making a Gathering in the State Administrative Court? (2) How is the application of the principle of active judge (dominus litis) in the stage of proof at the trial? The research method used is normative legal research with a legal approach.

The Establishing Paradigm of Dominus Litis Principle in Indonesian Administrative Justice

This study aimed to analyse a shifting paradigm of Dominus Litis (judge activeness) in the Indonesian state administrative justice. This principle emphasises that judges expand the paradigm that judges are not limited to being used in processes regulated in law. However, judges need to actively develop the paradigm to make legal discoveries oriented towards substantive justice and expand the paradigm from merely resolving disputes positivistically to resolving conflicts with paradigms. Legal realism and sociological jurisprudence to create substantive justice. This paper uses the normative research method, with a statutory approach and case approach by analysing two decisions of state administrative court judges. The result showed that Dominus Litis in the dispute's accomplishment is not limited to the implementation of juridical-legal positivism factors, but on how judges use their mindset to provide ideal decisions and conduct legal reasoning use socio-legal and socio-cultural paradigms. The development of demands for justice has also experienced a paradigm shift of justice. It requires the principle of an active judge who always follows developments in public policy, such as the principle of sustainable development related to environmental and natural resource issues, and finding the legal material truth.

Građanski sudski postupak u Crnoj Gori krajem XIX i početkom XX veka - opšti osvrt

The article sheds light on regulations regarding civil procedure issued in Montenegro at the end of the 19th and the beginning of the 20th century. They deal with various subjects, above all with jurisdiction of civil courts, with deadlines for filing an appeal and with the issue of the finality of judgments as these are the most important questions in civil lawsuits, and, as such, above-mentioned rules were carefully scrutinized in the paper. These first written procedural rules adopted by the Ministry of Justice, the State Council and the Grand Court were very important considering the fact that they introduced modern principles in civil litigations, such as the principles of orality, immediacy, publicity, contradiction, material truth and free judicial evaluation of evidence. However, without the unification of procedural law a speedy and efficient trial and adequate protection of the subjective rights of parties to the proceedings could not be ensured. Only a proper Code of civil procedure could entirely meet these requirements. Montenegrin lawmakers had been fully aware of this fact and so in November 1905 the Code on Judicial Proceedings in Civil Lawsuits for the Principality of Montenegro was enacted. When the aforementioned Code entered into force, the codification endeavor in the field of civil procedural law was completed. Its content, structure and general features were meticulously analyzed in the study.

Учение об ошибочном приговоре и современная теория ошибок в Германии: общая характеристика и их значение для установления истины в немецком уголовном процессе

The research of the German criminal process reveals the main theoretical characteristics of theory of miscarriages of justice in German criminal procedure. The essential aspects of the doctrine of erroneous judgment are established. The conclusion about the significance of the doctrine of erroneous judgment for the modern theory of miscarriages of justice in Germany is formulated. Based on a comprehensive research of original German sources, the main provisions of the doctrine of erroneous judgment and the modern theory of miscarriages of justice in Germany are enunciated. The influence of discursive philosophy on theoretical ideas about criminal proceedings is established. The immediate practical applicability of these theories is rather low. In the author’s opinion, their importance, among other things, is that the problematics of miscarriages of justice in Germany are closely related to the concept of truth in criminal proceedings, which is uncharacteristically of Russian research in the designated area. Based on the analysis of German doctrine, the significance of theoretical provisions for establishing the truth in a criminal procedure is determined. A pragmatic, utilitarian German approach to the legislative formulation of truth in criminal proceedings is represented. The legislative recognition and interpretation of the truth in criminal proceedings are expressed. The correlation between the theoretical provisions on material truth and the theory of miscarriages of justice is confirmed. As the result of the research the functional meaning of truth for the theory and practice of criminal proceedings in Germany is enunciated. In addition, the German theoretic definition of the concept of «miscarriage of justice» is given. Characteristic of this concept are identified. The significance of the scientific conclusions of this article consists in determining the fundamental suitability of German dogma and theory for a comparative legal research of miscarriages of justice in Russia and Germany.

The milk – cheese cycle with alpha emitters – pulmonary contribution to the refeeding of the hormonal system in unoptimal conditions

There is a material truth behind the expression “French people are cheese-eating surrendering monkeys” that involves the higher natural radioactivity in France (averaged) in comparison with the USA, the United Kingdom, Spain and Poland. This comes from the hormone loss related to internal alpha emitting nanoparticulate contamination and involves a compensation with among other things milk drinking and cheese eating. The basic hormone loss can be related to the “surrendering” reputation entirely (testosterone for instance was shown to be destroyed in uranium miners). A secondary cycle emerges to re-establish the sexual difference, where women in these regions typically drink fresh milk whereas men typically eat cheeses that have stayed long in caves and where the hormones have disappeared. This is globally spontaneous. Inhalation of cheese odors serve for cerebral confirmation that hormones have disappeared. That general theorem is a subpart of what was already denominated earlier the meat-pollution cycle for reasons of desire to adopt an easily memorizable name, due to the essentiality of the concept for humankind.

Algorithmic management, poteri datoriali e oneri della prova: alla ricerca della verità materiale che si cela dietro l’algoritmo

Technology is changing the methods used by entrepreneurs to manage their human resources. Many employers have already started to dismiss the completely human exercise of their managerial prerogatives, totally or partially delegating them to more or less smart machines. Data collected through workforce analytics practices are the fuel to fill the tank of algorithmic management tools, which are capable of taking automated decisions affecting the workforce. Notwithstanding the advantages in terms of increased labour productivity, recurring to technology is not always risk-free. It has already happened, also in the HR management context, that algorithms have revealed themselves as biased decision-makers. This problem has often been exacerbated by the lack of transparency characterising most part of automated decision-making processes. This is also the reason why it has been underlined how workforce analytics and algorithmic management practices may implicate an augmentation of managerial prerogatives unheard in the past. It has also been stressed, above all when looking at the international debate on this topic, that this should entail an update of, or even implicate the need of rethinking more generally, employment laws that, as they are today, may be inadequate to address the issues posed by the technological revolution. The aim of this paper is thus to understand whether Italian employment laws are equipped with regulatory antibodies capable of preventing improper abuses of employers’ managerial prerogatives potentially arising from the increasing recourse to algorithmic management practices. More specifically, this article tries to demonstrate how the rules relating to burden of proof and the ones granting employment judges with broad powers to obtain evidence, above all if combined with information and access rights provided by the GDPR, can alleviate the issues of both lack of decision-making transparency and improper abuses of employers’ managerial prerogatives connected to the always more massive use of algorithmic management practices. Lastly, this paper points out how there are many arguments to claim for a more robust exercise of the powers of employment judges to obtain evidence, driven and at the same time limited by the criterion of the proximity to the source of evidence. This would facilitate the quest for the material truth hidden behind the algorithm, thus making Italian employment laws even better equipped to face the challenges posed by the technological revolution.

Pemidanaan Terhadap Profesi Notaris Dalam Rangka Mewujudkan Perlindungan Hukum

This research intends to examine the problematic of criminalization against the Notary profession in Indonesia. To analyze this problem, the researcher employs the theory of legal protection as Grand Theory, profession and professionalism theory as Middle-Range Theory, and criminalization theory as Applied Theory. The method employed in this research is juridical-normative method. The results of this study show the following conclusions. Firstly, criminalization against notary can only be carried out if it fulfills three conditions, namely the Notary violates the procedure of drawing up authentic deeds as regulated in UUJN (Law on Notary Profession), the notary violates the provisions of the criminal law as regulated in the Criminal Code, and the existence of the mens rea from the notary concerned. In making an official (ambtelijk) deed (drawn up by a notary), the Notary may be held liable for criminal liability for the material truth of the deed he made and can be determined as a perpetrator or accomplice of a criminal act. However, in the drafting of a party (partij) deed (drawn up before a notary), a notary may only be held liable for criminal liability for the formal aspects of the deed he made and can only be stipulated as an accomplish to a criminal act. Secondly, a more appropriate criminal justice model to be applied in the settlement of criminal cases involving the Notary in carrying out his duties and authority as a public official is a mediation of restorative justice-based penalty. In this model, sanctions are applied to perpetrators of crime not in the form of corporal punishment, imprisonment or confinement, but the obligation to provide compensation or restitution to victims of crime.

Princípio da equivalência no direito tributário brasileiro.

O presente trabalho tem por objetivo investigar o direito tributário com fundamento no princípio da equivalência, da sua decorrência lógica à primazia da realidade. A pesquisa foi dividida em três partes: i) o conceito de verdade, que se inicia com o estudo das percepções humanas explicadas pela neurociência, indo até a conceituação filosófica de verdade, passando por Tomás de Aquino e Maria Helena Chauí, dentre outros pensadores; ii) a verdade para o direito, quando serão abordados os conceitos de verdade material e verdade formal; e iii) a confrontação do princípio da verdade material com outros princípios constitucionais tributários, como os da legalidade, da capacidade contributiva e da anterioridade, além dos princípios da segurança jurídica e da duração razoável do processo, de forma a definir se há limites objetivos e subjetivos ao princípio ora investigado e suas formas de aplicação. Palavras-chave: Direito Tributário. Processo. Verdade material.

Kajian Yuridis Pasal 362 Kitab Undang-Undang Hukum Pidana dan Pasal 30 Undang-Undang Nomor 11 tahun 2008 tentang Informasi Dan Transaksi Elektronik Terhadap Pencurian Internet Wifi

The use of private wifi internet, especially at home, has become commonplace, wifi internet is used without permission from the owner, especially without his knowledge, if this happens it will result in the owner experiencing losses. Home wifi internet that should be used by the family but is also enjoyed by other people without the permission and knowledge of the owner, the owner who pays but other people use it. The crime of theft is regulated in Article 362 of the Criminal Code, while Article 3o of Law Number 11 of 2008 concerning Electronic Information and Transactions is more about illegal access. The application of criminal law ini the crime of theft of internet wifi, as regulated in : a) Article362 of the Criminal Code, internet wifi can be interpreted extensively as one form of “goods” which in an element of Article 362 of the Criminal Code, this can be equated with “electricity” and “gas” although it does not have a from, is not visible and felt, but has an economic value to be said as “goods” because to be able to use or enjoy wifi internet service users must purchase a wifi internet package first; b) Article 30 paragraph (1), (2) dan (3) Law Number 11 of 2008 concerning Electronic Information and Transaction may be imposed on perpetrators of wifi internet theft because it is related to illegal access. The act of stealing internet quota by using software or computer applications to break into the internet network to obtain a wifi internet username and password in order to gain access using wifi internet. In the settlement of a criminal act, proof is essential, because in the settlement of a criminal case what is sought is a material truth.

Juridical Study on Implementation of Village Chairman Using E-Voting Method

Evidence is a problem that plays a role in the process of trial court examination which aims to find material truth. From the evidence, it is determined whether the defendant is guilty or not. At this stage of evidence, according to Article 52 of the Criminal Procedure Code, the defendant has the right to present mitigating evidence as a defense to give rise to the judge's conviction that he is innocent. The defendant's submission of mitigating evidence is to protect the rights of the defendant and uphold the principle of equality before the law. The evidence presented by the defendant to prove his innocence was documentary evidence. The purpose of this study was to identify and analyze the use of documentary evidence submitted by the defendant in a murder crime case and to find out the weaknesses and solutions to the use of documentary evidence submitted by the defendant in a murder crime case. This legal research uses empirical juridical research methods, by conducting descriptive analysis. This research uses a statutory approach, documents and field research. This legal research is also supported by the results of interviews with informants. Results of the study: The panel of judges accepted the use of documentary evidence by the panel of judges, but the strength of evidence could not be considered in the verdict. The reason is because documentary evidence is not independent evidence and must be supported by other evidence. In accordance with Article 183 of the Criminal Procedure Code, which regulates the minimum number of at least two valid pieces of evidence. The weaknesses of documentary evidence submitted by the defendant include: (a) From a formal perspective, that the power of proof of documentary evidence in a criminal case is controlled by the rules, namely Article 187 KUHAP, they must determine the conviction of the judge. Evidence in a criminal case to seek material truth, the judge is free and not bound by evidence. (b) In terms of material, whereas what is sought in criminal procedural law is material truth, then the consequence is that the judge is free to use or set aside a letter. Although there is no special regulation, according to the negative evidence system (negatief wettelijk bewijstheorie) adopted by the Criminal Procedure Code, namely there must be confidence from the judge regarding the evidence presented at trial. Even though from a formal perspective, the evidence is an official letter, but the value of perfection does not support it to stand on its own and must comply with the principle of the minimum limit of proof stipulated in article 183 KUHAP.

Using of Letter Evidence by Defendant in Murder Crime

Evidence is a problem that plays a role in the process of trial court examination which aims to find material truth. From the evidence, it is determined whether the defendant is guilty or not. At this stage of evidence, according to Article 52 of the Criminal Procedure Code, the defendant has the right to present mitigating evidence as a defense to give rise to the judge's conviction that he is innocent. The defendant's submission of mitigating evidence is to protect the rights of the defendant and uphold the principle of equality before the law. The evidence presented by the defendant to prove his innocence was documentary evidence. The purpose of this study was to identify and analyze the use of documentary evidence submitted by the defendant in a murder crime case and to find out the weaknesses and solutions to the use of documentary evidence submitted by the defendant in a murder crime case. This legal research uses empirical juridical research methods, by conducting descriptive analysis. This research uses a statutory approach, documents and field research. This legal research is also supported by the results of interviews with informants. Results of the study: The panel of judges accepted the use of documentary evidence by the panel of judges, but the strength of evidence could not be considered in the verdict. The reason is because documentary evidence is not independent evidence and must be supported by other evidence. In accordance with Article 183 of the Criminal Procedure Code, which regulates the minimum number of at least two valid pieces of evidence. The weaknesses of documentary evidence submitted by the defendant include: (a) From a formal perspective, that the power of proof of documentary evidence in a criminal case is controlled by the rules, namely Article 187 KUHAP, they must determine the conviction of the judge. Evidence in a criminal case to seek material truth, the judge is free and not bound by evidence. (b) In terms of material, whereas what is sought in criminal procedural law is material truth, then the consequence is that the judge is free to use or set aside a letter. Although there is no special regulation, according to the negative evidence system (negatief wettelijk bewijstheorie) adopted by the Criminal Procedure Code, namely there must be confidence from the judge regarding the evidence presented at trial. Even though from a formal perspective, the evidence is an official letter, but the value of perfection does not support it to stand on its own and must comply with the principle of the minimum limit of proof stipulated in article 183 KUHAP.

Notary Professional Legal and Ethical Liability for Deed Reading Obligations Made by Notaries

A Notary is a public official who in the case of his appointment and dismissal is carried out by the Minister of Law and Human Rights. The implementation of the duties of notary positions is based on Reglement op Het Notary Ambt in Indonesia / Regulation of the Notary Department in Indonesia (Staatsblad 1860 Number 3 the year 1860) as amended by Law No. 30 of 1860 2004 on Notary Department and as amended back to Law No. 2 of 2014 on Changes to Law No. 30/2004 on Notary Departments (thus called Notary Department Law or UUJN). UUJN makes a Notary authorized to make an authentic deed and other authorities as referred to in the Law. The obligation of a Notary in carrying out his duties and authority can be seen in the provisions of Article 16 of UUJN. The notary shall recite the deed that has been presented before the protesters by attending by at least 2 (two) witnesses or 4 (four) witnesses, and specifically in the case of the making of a will deed made underhand and then signed at the same time by the intercepts, witnesses and notaries, stipulated in Article 16 paragraph (1) letter m UUJN. The implementation of such obligations in the author's research process turns out that several Notaries do not carry out the obligation to read the deed. Notary in carrying out the duties and authority of its office is bound by the prevailing Laws and Regulations, namely the Law of the Notary Department and the Notary Code of Conduct. The approach method used in this study is a normative juridical approach. The data used is secondary data and primary data as a complement to secondary data. The results of the research and discussion of this research is the responsibility imposed on the Notary when he does not perform the reading of the deed that he has made before the intercepters and witnesses i.e. in terms of civility, the intercepter who feels materially harmed because of the mistakes made by the Notary to the material truth of the deed he made can seek damages for the deed made by the Notary concerned. The implication of not doing the reading of the deed by a notary can result in the evidentiary power of the deed which should be an authentic deed that has the power of perfect proof precisely resulting in the strength of its proof becoming underhand. The provisions of the reading of the deed referred to in the UUJN according to the author are also in the obligation to carry out the duties of the office as stipulated in the Amendment of the Notarial Code of Conduct of the Notary Association of Indonesia in Article 3 paragraph (15). The application of sanctions to the Notary may be Reprimand, Warning, Schorsing (temporary dismissal) of the Membership of the Association, Onzetting (dismissal) of the Membership of the Association, and disrespectful dismissal of the membership of the Association. The lifting of these sanctions is adjusted to the quality and quality of the violations committed by the member. Keywords: Responsibility, Notary, Notary Code of Conduct, Deed

Verstek Divorce Case in the Perspective of Positive Law and Islamic Law

The research problem is that, in examining the verstek of the divorce case, the judge asked the plaintiff to prove the argument of the lawsuit with written evidence and / or witnesses, even though the verstek provisions did not regulate that. What is the legal basis of evidence regarding the subject matter in verstek and why did the defendant choose not to attend the trial and how is the verzet examination of divorce cases in court. how to study literature. While the data analysis method used is descriptive normative, that is, the method used to describe the norms on which the judge accepts, examine and resolve cases that emphasize the aspect of the prevailing legislation. Based on the analysis, it can be seen that the reason the judge ordered proof is: In the case of the verstek case of divorce cases, the principle of Lex Specialis Derogat Lex Generali is applied, therefore divorce cases are an exception to the HIR provisions. Because proof can show more of a legal function in providing a sense of justice and protection to society. Proof is useful to know the truth of the plaintiff's claim whether the lawsuit has legal grounds and does not violate rights. The formulation of Article 125 paragraph (1) HIR does not contain the words 'must', but instead the word 'accepted' is used.Apart from basing it on positive legal provisions, in the version of divorce cases, the panel of judges also based on the doctrine in the Fiqh Books in the form of syar'iyah evidence. In a divorce case what is sought is material truth, not mere formal truth. It can be seen from the verdicts in divorce cases both recognized and in the verstek verdict, still undergoing a proving process. Both positive law and Islamic law see the need for proof in a verdict from a divorce case.Keywords : Verstek; Divorce Case; Positive Law; Islamic law.

The Role of Forensic Medicine in Disclosing Premediated Killers (Study of Decision No. 116/Pid.B/2019/PN.Bms)

Forensic medical science is a science that is used for legal purposes by providing scientific evidence that can be used in solving crimes, especially the crime of murder. This science studies the cause of death, identification, state of post-mortem corpses. This study will discuss the role of forensic medicine in uncovering the crime of premeditated murder in case no. 116/Pid.B/2019/PN.Bms. The research method used is normative juridical, which is carried out through a literature study that examines secondary data in legislation and other legal documents, research results, assessment results, other references and is equipped with interviews. This study concludes that forensic medicine plays an essential role in investigating the crime of premeditated murder in case no. 116/Pid.B/2019/PN.Bms because of the need to identify corpses that have become bones and charred, so how important it is that forensic medicine is poured into evidence in the letter category in the form of Visum et Repertum, which by police investigators is under Article 133 of the Criminal Procedure Code to be used as legal evidence in uncovering and seeking the material truth of a criminal act that occurred. Suggestions in this study include providing education to the public regarding the treatment of evidence and the crime scene to change the disclosure of cases. Keywords: Classification, Inheritance Certificate, Discrimination

The Right Non Self-Incrimination and Epistemology of Criminal Witnesses

The absence of a clear normative interpretation related to witnesses who are also criminal perpetrators in the Indonesian court has controversy on the theoretical level. In practice, the practitioners adopt a concept known in other countries. However, in adopting ideas from other countries, practitioners are often trapped in practitioners’ paradigms. Translating the perpetrators’ witnesses such as crown witnesses, justice collaborators (JC), and whistleblowers (wb,) are not the concepts comprehensively. In the end, the witness being denied the rights of the perpetrators, namely right non-self-incrimination. The paper offers a concept for finding solutions in the use of witnesses who are also as criminal perpetrators in epistemological basis. These considerations are used to provide a coherent way based on the principle to justify the use of witness evidence from the criminal perpetrators. The purpose is to accord with the principle of due process of law, not to clash the principle of non-self-incrimination in proving the search of material truth.

Kekuatan Klausula Pengaman Diri Dalam Akta Bagi Notaris

The purpose of this research is to identify the legal binding force of the Notary's self-security clause in the deed if there is a client who denies it and to analyse whether the self-security clause in the Partij deed can provide legal protection for Notaries in carrying out their duties and functions. This research was conducted using the empirical juridical method, namely how the law is implemented in social life. Primary data were obtained from interviews, and while the secondary ones were from literature studies and the laws. The result of the research concludes that the responsibility of the notary is limited to the formal truth in a deed. Notaries have no responsibility to judge the material truth of the information obtained from the clients. Subsequently, in the event of the party in the deed accuses or argues that the Notary has included false information in the authentic deed shall not justifiable as the Notary is not a party to the deed .