Notary Public Research Articles

TANGGUNG JAWAB NOTARIS DALAM SENGKETA PARA PIHAK TERKAIT AKTA PERJANJIAN PENGIKATAN JUAL BELI (PPJB) YANG DIBUATNYA

Public Notary as an official appointed by the Government who has the authority (bevoegdheid) and responsibilities which, if reviewed comprehensively, could potentially be subjected to administrative, civil or criminal claims when a dispute related to the deed which is made by him/her. The main issues discussed in this study are; 1) How chosen for a notary and parties in the binding sales purchase agreement ? 2) How responsibility the parties upon an agreement in the agreement on binding sales of a bell Which is drawn up before the notary ? 3) How a form of responsibility the notary in dispute the parties related the binding sales purchase agreement made ? The research is a normative juridical research with statute approach. The data used are secondary data in the form of; primary, secondary and tertiary legal materials. The results shows that the notary is administratively, civil and criminally responsible for the deed and the process of forming the deed itself, so the notary needs to implement a policy based on regulations so that he/she with the deed he/she made and the parties can be protected by law.

Certified translations: A general overview on sworn translation in Turkey and sworn/ certified translation procedures around the world

Çevirisi yapılan bir belgenin doğruluğunun, gerçekliğinin ve güvenilirliğinin tasdik edilmesinin gerekli olduğu durumlarda, çeviriye resmiyet kazandırılması gerekir. Çevirilerin resmi olarak onaylanması, “yeminli/tasdikli çeviri” olarak adlandırılan çeviri alanını oluşturur. “Yeminli/tasdikli çeviri” iki temel kavramı barındırır: Bir evrakı doğru, gerçek ve güvenilir bir biçimde çevirebilecek olan çevirmenlerin belirlenmesi ve bu çevirmenleri belirlemek üzere yetkilendirilen mercii. Dünyanın farklı ülkelerinde, ülkelerin adalet sistemlerindeki işleyiş ve düzenlemelere bağlı olarak, çevirilere resmiyet kazandırılmasına yönelik çeşitli uygulamalar yer alır. Genellikle yeminli/tasdikli çeviri yapacak çevirmenler bir devlet kurumu veya bir çevirmen meslek örgütü tarafından belirlenir ve temel değerlendirme ölçütü yaygın olarak adayın çeviri ve dil becerisini ölçen bir sınavdır. Ülkemizde ise yeminli çevirmenler Noterlik Kanunu Yönetmeliği’nin ilgili maddesi uyarınca noterlerin yemin zaptı düzenlemesi ile yetkilendirilir. Ancak çevirinin resmiyet kazanması için yeminli çevirmenin tasdiki yeterli olmayabilir, genellikle evrakın noter tarafından da onaylanması gerekmektedir. Yeminli çevirmenlerin noterlik dairelerinde çalıştığı 1970’li yıllardaki çeviri faaliyetlerine göre düzenlenen bu yönetmeliğin bugünün değişen koşullarında halen uygulanıyor olması hem yeminli çeviri alanında çalışan çevirmenler hem de çevirmenlik mesleği açısından olumsuz bir tablo oluşturmaktadır. Bu çalışma, ülkemizdeki noter-yeminli çeviri/çevirmen ilişkisine tarihsel bir perspektiften bakarak günümüzde noterlerin yeminli çeviri alanında yetkilendirme mekanizması olmasının neden uygun olmadığını ve bu uygulamanın olumsuz taraflarını farklı ülkelerdeki yeminli/tasdikli çeviri uygulamaları ile karşılaştırarak ortaya koymayı amaçlamaktadır. Ayrıca çalışmada, yeminli çeviri konusunda yaşanan olumsuzlukların düzeltilebilmesi ve çevirmenlik mesleği açısından daha doğru bir yetkilendirme sistemi oluşturulabilmesi için yapılabileceklere de yer verilmiştir.

Wage Protection for Workers in the Notary Office in Kampar District

The wage is the most vulnerable and the most major in industrial relations. On the one hand wages are the right for workers/laborers in exchange for the services and/or personnel provided, in others the entrepreneurs see wages as fees. In order to provide protection against workers/labors for the amount of income earned, the government's Minimum wage must be applied by employers. The problem 1). To know the problem and examine the form of employment relationship between notary public and workers working at the notary office in Kampar District, and 2). To know and review the wages protection of workers working at the notary office in Kampar district. This research is empirical legal research, i.e. research that sees the application of regulations related to the objects being researched. This research was conducted in several offices of Kampar District notary. The data used is primary data and secondary data and data collection techniques using interviews and literature studies. From the research results can be concluded that, 1). form of employment relationship between notary and workers working in the office of notary Public in Kampar District, notary Public use the work agreement orally, but according to the employment LAW only use the work agreement orally at least Make a letter of appointment for workers and this is not made by notary. 2). Protection of wages workers working in the office of notary in Kampar district, that wages have not been fully provided in accordance with the existing regulations that are manpower LAW and decree of Riau Governor number Kpts 949/XI/2018 about Minimum wage Regency/city in Riau Province year 2019.

Implementation of Legal Presumption Principle for Notary Deed Makes Partij According to Law No. 2 of 2014 on the Amendment of Act No. 30 of 2004 Concerning Notary Position

The purpose of this study was to: 1) To identify and analyze the implementation of the principle of presumption valid for notaries who make Partij deed according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. 2) To identify and analyze problems and solutions for the implementation of a legitimate presumption that a deed Partij Notary according to Law No. 2 of 2014 concerning amendments to the law No. 30 of 2004 concerning Notary. The data used in this study are primary data, secondary data and data that can support tertiary study, which was then analyzed by normative.Based on the results of data analysis concluded that: 1) an assessment of the Deed as the product of a public official, it must be done with the presumption of unauthorized or Vermoeden van rechtmatigheid or Presumptio lustae Causa, the Deed must be considered valid until there are those who claim deed is invalid then in the contested through the courts and there is a court decision that has permanent legal force 2) in the implementation of the principle of presumption valid for notaries who make Partij deed still major obstacles in the face by the Notary Public. Such constraints due to actions undertaken by the giving false information to the Notary in the process is an authentic deed, causing loss to the parties who feel aggrieved. The solution of the presumption of lawful implementation for notaries who make Partij deed is the absence of legal protection and legal justice for notaries who here become victims of false information given by to the Notary. In the event of the above, none of the violations committed by the Notary. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Notary. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply. Because of the early events at the root of the problem are the bad faith of the Applicant. So that the implementation of their legitimate presumption that a deed Partij Notary shall apply.Keywords: Principle of Legal Presumption, Notary, Partij deed.

An Urgency for Extraordinary Member to Take Tests to Fulfil the Requirements to be Notary Public Official

This research deals with an urgency for extraordinary member to take tests to fulfil the requirements to be notary public official. This type of research used in this study is normative legal research. The results shows that The extraordinary Members Tests of Indonesian Notary Association is only a formality aimed at introducing Statutes and bylaws of Indonesian Notary Association, Organizational Regulations and Composition of Indonesian Notary Association Management to prospective members who take the tests of extraordinary members. Because there is a formality, no tests participants do not pass as long as the tests follow the entire tests material. Therefore the Writers' team considers that the extraordinary member tests are more effective when they are turned into a seminar or training course because the basic objective is only to introduce the organization.

Legal Satisfaction of Electronic Authentic Diction Made Notary in Facing Industrial Revolution 4.0

Notary has the authority to make an Authentic Deed based on article 1867 of the Civil Code. Proof of evidence in writing is done by authentic writing or writing under the hand. Along with advances in technology, each transaction using electronic information technology makes it easy for parties to make agreements through online. However in reality the Authentic Deed made by a Notary Public must be adjusted to Law Number 30 of 2004 amending the Law Number 2 of 2014 about the position of Notary Public. The formulation of the problem in this research is How Positive Law about the Certainty of Authentic Deed Law conducted by a Notary by using Electronics and how the obstacles to the agreement by using the Electronic Deed conducted by a Notary. The writing method in this paper uses notative juridical and the nature of the research is perspective. Research results in writing are the legal certainty of an authentic deed made by a notary that there is no positive law relating to an authentic deed done online and authentic deeds made online are that the parties must face directly, good faith and the validity of electronic signatures whose authenticity is uncertain. Recomendation that policies on authentic deeds need to be made electronically.

EL MATRIMONIO ANTE LA FE DEL NOTARIO PÚBLICO

Modern trends require changes in the way marriage is conceived. The Civil Code of the State of Tabasco provides that marriage is an institution in which two persons decide to unite their lives in a common life project. When this is done through a solemn act, it requires to be done before a civil registry officer, with certain formalities. Nevertheless; when the couple decides to end their marital relationship, there is no matter the reason, if there are no assets or children, they can get divorce by the officer of the government who they were married. Otherwise, they must go to a civil court for ruling on the marriage society and the relationship they must conserve with their children. The notary is a legal entity. The States grants public faith to validate certain acts: he is a legal professional who has the responsibility to represent in a notarial instrument, the legality of the acts, read them and explain them to the parties, to provide them with security and legality. In this paper the figure of the notary in Mexico and its importance within the Mexican positive law will be explain, as well as the marriage in presence of a Public Notary also the prenuptial agreement which are currently relevant for those who wish to marry and for society

Responsibility for Transition of the Dead Notary Protocol Because Minutes of Deed Are Missing in Padang

The death of a Notary Public causes his authority and responsibility as a public official to cease, in particular obligations in Article 16 Paragraph (1) Letter b. To maintain the authenticity of the deed made by the deceased Notary, the Notary protocol is transferred to the Notary recipient of the protocol, if the notarial deed minutes are lost in the transitional process and are detrimental to the parties, then the burden of the responsibility of the Notary recipient of the protocol for the loss of the deed minutes is not yet regulated in UUJN and other laws and regulations. The problem raised is how the transition process and the form of responsibility of the recipient of the Notary protocol to the notary protocol that died where the minutes of the deed were lost? By using an empirical juridical approach. With regard to the process of transferring the protocol of the notary who died in which the minutes of the deed were lost in Padang exceeding the time period stipulated by UUJN, the transfer of the protocol without passing the minutes of handover. The recipient of the notary protocol is civilly liable for the transference of the deceased Notary protocol in which the minutes of the deed are lost if it is found to be negligent in the loss of the minutes of the deed and is found guilty by the MPN and the court. Carefulness and caution in matching the hard copy of the protocol with the number of protocols outlined in the minutes of handover are needed to minimize the problems arising from the protocol transition. The appointment of Temporary Notary Officer by the MPD is expected to be carried out every time the transfer of the Notary protocol as a result of the death of a Notary is carried out, it is very useful when problems arise with the protocol of the deceased Notary in the future, such as the minutes of the deed being lost and causing losses to the parties.

Criminal Liability in the Land Procurement Corruption Iain Imam Bonjol Padang Year 2010 (Study of Decision No. 26 / Pid.Sus / TPK / 2016 / PN / PDG)

Land procurement IAIN Imam Bonjol Padang Year 2010 was carried out directly by Prof. Dr. Sirajuddin Zar, M.A. as the Chancellor of IAIN Imam Bonjol Padang who was assisted by 4 (four) committees namely the land procurement committee, the secretariat committee, the task force (Satgas) and the Field Assistance Team. In addition to the 4 (four) committees, the land procurement of Imam Bonjol Padang in 2010 also involved Commitment Making Officers (PPK), the Examining and Recipient Committee, the Appraisal Team and Notary Public. To answer these problems, the authors in this study used a normative research method with a normative juridical approach and analytical descriptive research. After the authors analyze the theory of criminal liability and authority, the process of land procurement for Imam Bonjol Padang IAIN belongs to the procurement of land for development other than for public use which is carried out directly by IAIN Imam Bonjol Padang. Proof of corruption in land procurement IAIN Imam Bonjol Padang it must be proved from the elements of criminal acts and errors in accordance with the rules become a reference in land procurement IAIN Imam Bonjol Padang. Criminal liability in criminal acts of land procurement IAIN Imam Bonjol Padang in 2010 cannot be charged to the land procurement committee because one of the elements in criminal liability is not fulfilled, namely the element of criminal action. Therefore, the judge's consideration in decision No. 26 / Pid.Sus / TPK / 2019 / PN.PDG is wrong because the Defendant has not been proven to have committed an unlawful act as charged by the Public Prosecutor, so that the right decision for the Defendant is a free decision.

Code Enforcement Of Sanctions For Notary Who Having Multiple Offices

In every office attached to someone will be accompanied by moral rules called code of ethics as well as the notary office. Code of conduct notary entire moral code is determined by the association organization "Indonesian Notary Association" (INI), where applicable, and must be obeyed by all members of the association as well as others who have positions of notary. Notary is necessary to know and understand the code of conduct notary. This code of conduct govern all actions of what can be regarded as a violation of the code of conduct and what sanctions if violated the code of conduct. In practice, a notary public notary supervised by the board of trustees. This oversight is necessary so that the notary did not ignore the majesty and dignity of the profession.The method used in this research is normative. The data used are primary data and secondary data. Primary data in the form of research conducted in the field related to the object of research and data secondary, namely in the form of legislation, library, archives, expert opinions and regulations associated with the object of research.Discussion of the results shows that the sanction of conduct for notaries who have multiple offices are in violation of the code of conduct notary office. based on the above factors, it is important to know what is an indication of an offense involving the notary in the notary office area coverage authorized by a notary office code of ethics. Should the effort of the board of trustees for providing information about the code of conduct for all notaries to avoid misunderstandings about the ban notaries and exclusion. Therefore the role of the board of honor in the enforcement of the code of ethics notary must be implemented properly and in accordance with the applicable rules.Keywords: Notary Code; Honor Council; Office of the Associate; Notary.

Scurte considerații asupra condițiilor speciale de valabilitate și asupra efectelor testamentelor privilegiate

"This paper is focused on establishing the legal regime of privileged wills. First of all, we will analyse the probative value of this type of will and we shall demonstrate that it is justified to assign it the probative value specific to authentic deeds. Second of all, given that we are in the presence of an authentic deed, we shall extract all the specific requirements in regard to the simplified authentication procedure starting from the provisions of the Romanian Civil Code. These should be complemented by the general regulations in the field of authentic deeds as regulated by the Romanian Code of Civil Procedure, as well as with those compatible provisions regarding the authentication procedure applied by the public notary when authenticating wills. Subsequently, we will focus on the constrains regarding the incompatibility of the agent which manages the procedure and the requirements that must be met by the witnesses involved in the proceedings. Finally, we will undertake an analysis on the substantive conditions that privileged wills must meet and we will present the reasons why we agree with the opinion that supports the ability of the disposer to create a privileged will even if he could draw up a holographic will. Given the opportunity, we will also specify for how long the effects of a privileged will last in so far author could have also draw up a holographic will. Thus, we will demonstrate that the limited term whose fulfilment attracts expiration of the privileged will shall not start unless two cumulative conditions are met: the deceased is able to draw up a holographic will and the circumstance which allow him to draw up a privileged will have ceased to exist. On the contrary, it will be proven that the one who can address a public notary in order to create a will shall not be allowed to also create a valid privileged will."

Notary Responsibility for the Deed Canceled by the Court (Case Study on Decision Number 34 / Pdt / 2017 / PT YYK)

Notary is a public official who is specifically authorized by the law to make an authentic deed, where the deed made by a notary becomes perfect, strongest and most complete proof that can guarantee legal certainty. Therefore, the notary deed which then becomes written evidence can be canceled by the judge as long as there is an opponent's evidence and regarding the cancellation of the contents of the deed. This thesis using normative juridical approach and use data sources that include the primary legal materials, secondary and tertiary obtained through literature and by using the guidelines interviews and field observations. The focus of this research is to find out how the notary's responsibility for the Purchase Binding Agreement and sale of attorney canceled by the court and the legal consequences of the decision of the Supreme Court number 34 / pdt / 2017 / pt yyk on the deed made by a notary. The research that has been conducted has found that the responsibility of the Notary towards the Cancellation of the Purchase Binding Agreement and the sale of attorney by the Court Judge because it is proven that the deed is a simulation agreement, an agreement in which the parties declare a different condition from the agreement previously held. The responsibilities of the Notary Public can be mined in terms of civil, criminal and administrative responsibilities. As a result of the cancellation of a notary deed law by the Court are declared null and void and not legally binding on the evidence.

Privredna društva i privredno sudstvo

The company law rules governing commercial companies, being a special sphere of substantive law, are not and cannot by themselves constitute a closed regulatory system. Practical legal life of numerous substantive institutes of company law is possible only within the complete legal surrounding and in delicate cooperation between substantive and procedural regulation. At this moment, the Serbian legal scene is characterized by an evident gap between legislative aspiration which covers the sphere of substantive provisions governing commercial companies (Law on commercial companies) aimed at following the trends of the company law regulation in the leading European countries and harmonised regulation within this sphere on the level of EU and regulation which covers the procedure of enforcement of those institutes in practice, both contentious and extra contentious, both judicial and arbitration. Of course, this does not mean that regulation of substantive law institutes, especially the institutes which have their procedural side, is always fully acceptable and exemplary in all their aspects. In this article the author critically discusses, before all, shortcomings of Serbian companies' regulation which governs substantive law institutes having corresponding procedural aspects: arbitrability of internal company disputes (companies' members - members, members - board of directors, companies' members - company) and special companies' actions that are recognized and regulated by law (arbitrability of derivative action, arbitrability of individual action, arbitrability of class action); shortcomings of existing substantive legal regime of derivative action, which are the main reason of the scarce presence of this type of action in judicial practice; shortcomings of existing legal regime of individual action (especially on the level of covering the zone of reflective losses), as well as the shortcomings of legal regime of the class action as a kind of collective action (especially of its legal effect on non-participants in the procedure before courts or arbitration) and, finally, representative actions. The author draws the conclusion that it is necessary to review the substantive regulation in order to remove any possible ground for interpretation that internal companies' disputes are not arbitrable (capable of being resolved by arbitration under the arbitration agreement). In the same vein, the author submits that it is necessary to thoroughly modify the existing procedural regulation, in order to make procedural aspects of company lawsuits more straightforward and indisputable (litispendancy objection and res iudicata objection - the need to establish only the objective identity of the subject-matter of the disputes, procedural costs related to derivative actions, legal effect of class action on non-participants in litigation or arbitration procedure, practical aspects of representative legal actions and so on). Finally, the author proposes the introduction of the possibility for alternative competence of public notaries for numerous extra-contentious procedures which can now be brought only before commercial courts. As an argument in favour of this proposal, the author puts forward that, at present, public notaries are competent to perform various non-contentions procedures (this could partly compensate for their almost complete non-justifiable exclusion from the sphere of company law, which is the current approach taken by the Serbian public notary law).

Keterlibatan Notaris Dalam Pemberantasan Money Laundering Berdasarkan PP No. 43 Tahun 2015 Dikaitkan Dengan Asas Kerahasiaan Terbatas

In carrying out their duties and offices, a notary must always be guided by the Law on Public Notary (UUJN). In the UUJN, notaries are obliged to keep confidential everything concerning the deed they have produced and all information obtained for formulating the deed in accordance with the oath of office, unless the law stipulates otherwise. The obligation of notaries to report suspicious transactions is stated in Government Regulation (PP) No. 43 of 2015 on Reporting Parties in the Prevention and Eradication of Money Laundering, instead of by legislationg. Hence, this study intends to examine: first, whether the mention of a notary in the PP does not violate the principle of limited confidentiality; and second, whether the mention of a notary in the PP does not harm the notary. This is a normative legal research with qualitative descriptive analysis. The results of the study concluded that the obligation of notaries to report suspicious transactions caused debate among notaries and the Financial Transaction Reports and Analysis Center (PPATK). In theory, this obligation violates the principle of limited confidentiality, but if it is seen in the Money Laundering Law, the provisions of confidentiality can be excluded. This obligation does not cause harm to the notary because the notary as a witness and the reporting party is given protection by the state as regulated in the Money Laundering Law.

Badania uwierzytelnionej notarialnie kserokopii dokumentu na przykładzie свидительства o рождении (świadectwa urodzenia)

This article attempts to address certain aspects of forensic-legal examination of the authenticity of a document on the basis of a notarized photocopy (certified copy). The article outlines the essence of the notarial act – regulated in Article 98 of the Polish Notary Public Law – of certifying the conformity of a copy, extract or photocopy with a presented document and the dangers that may arise from regarding a notarized photocopy of a presented document as a photocopy of an authentic document. The role of the notary in terms of document authenticity verification has been signaled. From a forensic point of view, the lack of evidentiary equivalence between an original document and a certified photocopy in the process of testing the authenticity of a document was emphasized. Based on examples from the practice of an expert witness, the possibility of identifying a forgery on the basis of a notarized photocopy of a document свидительствo o рождении is presented. The authors attempt to formulate several postulates concerning the making of photocopies of documents and their subsequent notarization.

Notaries' Escrow Services in Selling Real Estate in the Republic of Slovenia

Notary's escrow is a legal relationship between the notary and the parties to the underlying legal transaction, which is generally a sales agreement. Notary’s escrow is regulated with mandatory statutory rules commissioning public notaries and the rules of the mandate agreement. Mutual obligations of the parties to the underlying legal transaction in and of themselves do not influence the notary's obligations under a notary's escrow agreement unless they are included in the notary's escrow agreement as a constituent part thereof. Slovenian legislation stipulates the general conditions of notaries' operations. However, it does not stipulate specific conditions that must be fulfilled in order to place documents, funds and securities into escrow with a notary, nor does it stipulate the mandatory component elements of the escrow order. Therefore, The Slovenian regulation of notary's escrow should be supplemented.

Pemalsuan Akta Autentik Sebagai Aspek Pidana Notaris

<p>The notary is known as a respected official in accordance with the mandate of the law. In Article 1 paragraph 1 of the Amended UUJN, it is stated that a Notary Public is authorized to make an authentic deed and has other authorities as referred to in this Law or based on other laws. Sometimes the labeling of the word "honorable" carried by a notary is injured by irresponsible notaries. many persons who do not think long will be the result of what has been done. The increasing number of notaries and the complexity of the problems faced by a notary public there are also notaries who are entangled with legal cases related to authentic deed forgery. The State of Indonesia is a state of law, in a state of law all people are treated equally before the law, this also applies to the profession of Notary. Notaries can be convicted if they meet the criminal elements contained in Article 263 paragraph (1) and Article 264 paragraph (1) of the Criminal Code. In this study, the author conducted a juridical-normative analysis based on literature study.</p><p><strong> </strong></p><p><strong>Keywords: </strong>Authentic Deed, Criminal Aspects, Notary Public.<strong></strong></p>

TANGGUNG JAWAB SECARA PERDATA ATAS SERTIPIKAT TANAH YANG DISIMPAN OLEH NOTARIS/PPAT (STUDI PUTUSAN PENGADILAN NEGERI JAKARTA BARAT NOMOR: 466/PDT.G/2017/PN.JKT.BRT)

Making an authentic deed is very necessary especially in the transfer of land rights. For the sake of achieving legal certainty for the community, an authorized official is required to make all authentic deeds related to the process of transfer of rights due to the sale and purchase of land, namely the Land Deed Making Official (PPAT). in practice, PPAT also serves as a notary public. The position of a PPAT as a functionary in the community is very important, because the PPAT Deed (authentic deed) as a document regarding the sale and purchase of land is proof of sale and purchase that needs to be registered at the Land Office for the issuance of the Land Rights Certificate. Notary / PPAT must work responsibly, independently, honestly, and protect the interests of related parties in legal actions. This shows that Notary / PPAT is a profession that is required in fulfilling moral values and its development. But in reality, not all Notaries / PPAT carry out their obligations properly, for example, can be seen in the Decision of the West Jakarta District Court Number: 466 / Pdt.G / 2017 / PN.Jkt.Brt where the event of the loss of Land Rights Certificate which is kept by the Notary Public in his position as the Land Deed.

PERLINDUNGAN HUKUM TERHADAP KREDITOR DAN UPAYA NOTARIS MEMBUAT PERJANJIAN PERKAWINAN SETELAH PERKAWINAN

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed. The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties. The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.

PERLINDUNGAN HUKUM TERHADAP KREDITOR DAN UPAYA NOTARIS MEMBUAT PERJANJIAN PERKAWINAN SETELAH PERKAWINAN

One of the legal consequence of a marriage is a consolidation of husband and wife assets with the understanding that both parties before signing the marriage contract can decide otherwise, through the pre-nuptial contract. The Constitutional Court Decision No. 69/PUU-XII/2015, made possible the making of a similar arrangement after the marriage contract has been signed. The focus of this article is to explore, using a juridical normative approach, what legal protection exist for third parties. The main finding is that legal protection is provided by requiring the contract be made by and before a notary public, registered at the Civil Registrar Office and all that is performed only after the Notary Public made an inventory of both spouse’s assets.