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abuse of notary tenure that implies criminal
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نویسنده
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iqbal mohammad ,rodliyah ,parman
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منبع
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international journal of multicultural and multireligious understanding - 2020 - دوره : 7 - شماره : 5 - صفحه:378 -387
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چکیده
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Notary is a legal profession so that the profession of notary is a noble profession (nobileofficium). the deed which is made by the notary can be the legal basis for the status of the property, therights and obligations of one. confusion over notarized deed can cause a waiver of a person's rights or theburden of a person on an obligation, therefore notary in the task of his office shall comply with thevarious provisions of the law number 2 of 2014 on the amendment to law number 30 of 2004 about thenotary tenure. in the practice of many notary public are found by the parties or other third parties, thenotary is often withdrawn as a party to conduct or assist in committing a criminal offence. in law number2 of 2014 on the amendment to law number 30 of 2004 about the notary department there is a vacancyof the norm regarding the criminal responsibility of a notary in the misuse of notary tenure. thisresearch aims to analyze the criteria and indicators of abuse of notary office that implicates criminaland notary criminal liability in the misuse of notary tenure. this method of research using normativelegal, research methods means research using the literature material. the approach is used is a statutoryapproach, conceptual approach and a case approach. the first result of this research is the criteria andindicators of abuse of the department of notary tenure that implicates criminal arising from theadmisappropriation of authority which is conducted by the notary stipulated in article 15 of law number2 of 2014 concerning the amendment to the law number 30 of 2004 about the notary tenure. in addition tomisuse of authority, the criteria and indicators of abuse of the notary tenure of the criminal arise for notimplementing the obligations stipulated in article 16 paragraph (1) of law number 2 of 2014 concerningthe amendment to law number 30 of 2004 about the notary tenure and the breach of the prohibition setforth in article 17 paragraph (1) of law number 2 of 2014 concerning amendment to law number 30 of2004 concerning notary. secondly, the responsibility committed by a notary depends on the mistakes hehas made. if the notary violates criminal rules, the notary shall be criminally liable in the form of prisonpunishment. if the infringed is a civil rules, the notary is subject to a indemnity of the deed and the deedmade by the power of the evidence down to be private. whereas when done is an administrative offence,then the notary can stop from his tenure.
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کلیدواژه
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office abuse ,notary ,criminal
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آدرس
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mataram university, faculty of law, indonesia, mataram university, faculty of law, indonesia, mataram university, faculty of law, indonesia
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Authors
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