Jovita Nathania Agus Gahari, 030810447N (2009) TANGGUNG GUGAT NOTARIS DALAM HUBUNGANNYA DENGAN KLIEN. Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

A Notary is a public official who has authority to draw up authentic instrument as well as other authorities regulated in Notary Act. The Notary is appointed by Minister of Law and Human Rights to serve public interest. It is necessary for the Notary and his client to believe each other in their relationship. Therefore, Notary is the position of credence. As the strongest evidence, authentic instrument has an important role in the legal relation made by parties. It could determine the rights and obligations of each party and provide legal certainty. Thereby, it could prevent dispute. In order to make notarial instrument have full evidential value phsically, formally, and materially, the Notary must comply with the procedure regulated by the law in conducting his authority or drawing up authentic instrument. In this matter, the Notary is liable for the loss arising from his fault in exercising his duties or conducting his authorities. The Notary is obliged to give damages for the client's loss caused by his fault, for example when the instrument he made doesn't comply with the law resulting in the instrument void or having evidential value as private instrument only. In this case, the client suffers losses and could file a lawsuit for damages against the Notary. Therefore, in this thesis the writer will discuss some problems regarding : 1. The liability of Notary relating to the instrument he made materially and formally involving the procedure, the authority, and the substance, 2. Lawsuit for damages filed by the client who suffer losses, based on breach of contract and / or unlawful act (tort). Hopefully, this thesis could deepen the reader's knowledge in public Notary and adminish Notaries to be more careful in exercising their duties.

Item Type:	Thesis (Thesis)
Additional Information:	KKB KK-2 TMK. 77/10 Gah t
Uncontrolled Keywords:	Notaris; klien
Subjects:	K Law > KB Religious law in general > KB1-4855 Religious law in general. Comparative religious law. Jurisprudence > KB400-4855 Interdisciplinary discussion of subjects > KB479 Private law (General)
Divisions:	03. Fakultas Hukum > Magister Kenotariatan
Creators:	Creators NIM Jovita Nathania Agus Gahari, 030810447N UNSPECIFIED
Contributors:	Contribution Name NIDN / NIDK Thesis advisor Agus Yudha Hernoko, Dr.S.H, M.H., UNSPECIFIED
Depositing User:	Nn Sheli Erlangga Putri
Date Deposited:	17 Oct 2016 04:04
Last Modified:	17 Oct 2016 04:04
URI:	http://repository.unair.ac.id/id/eprint/37789
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