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International Journal of
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VOL. 5, ISSUE 5 (2019)
Reconstructing the regulation that requires related parties to make a formal appearance to the notary to make land deed in Indonesia based on justice value
Authors
Taufan Fajar Riyanto, Teguh Prasetyo, Amin Purnawa
Abstract
In Indonesia the Conditions for the validity of an agreement are regulated in Article 1320 of the Civil Code such as Deal, Skills, a Specific Cause and not against the law. The same are also applied to the land deed-making where the provisions also obligate the parties to formally make an appearance to the Notary. This provisions according to the author are not in accordance with the demands and the development of social life, science and technology as it takes much time. The research paradigm carried out by researchers is the Critical Theory paradigm. The research was conducted by descriptive and qualitative nature using a normative approach including empirical data (applied law research) with the Research Question that is how to Reconstruct The Regulation That Requires Related Parties To Make A Formal Appearance To The Notary To Make Land Deed In Indonesia Based On Justice Value. Research Result shows that the law that requires the parties to make a formal appearances to the notary is not effectife as the Land Deed needs to be done immediately, this law is no longer relevant to the development of Indonesian civilization based on justice value and technological advances and not in accordance with the characteristics of humanity that is fair and civilized Indonesian Nation. Reconstruction must be done through changes to Act No. 2 of 2014 on the Amendment of Act No. 30 of 2004 regarding Notary and revision of Perkaban number 8 of 2012 amendments to the Regulation of the Minister of State for Agrarian Affairs / Head of National Land Agency Number 3 of 1997 on provisions the implementation of Government Regulation number 24 of 1997 concerning Land Registration.
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Pages:203-210
How to cite this article:
Taufan Fajar Riyanto, Teguh Prasetyo, Amin Purnawa "Reconstructing the regulation that requires related parties to make a formal appearance to the notary to make land deed in Indonesia based on justice value". International Journal of Law, Vol 5, Issue 5, 2019, Pages 203-210
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