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VOL. 11, ISSUE 5 (2025)
The position and use of a handwritten deed that is waarmerking by a notary
Authors
Ayu Fitria, M Jafar, Ika Susilawati
Abstract
A private deed that is legalized by a notary
through waarmerking is a form of legal documentation widely used by the public
as an effort to obtain administrative legal certainty for private documents.
Although it does not make the document an authentic deed, the waarmerking
process provides a certainty of date for the deed and officially records its
existence in the notary's books. This study aims to analyze the legal status
and practical utility of deeds that are legalized by waarmerking within the
Indonesian civil law system, using a juridical-empirical method through
literature studies and interviews with notaries, academics, judges, and service
users in Banda Aceh. The research findings show that a deed that is legalized
by waarmerking remains a private deed but possesses stronger administrative
evidentiary power compared to a regular deed. Its usefulness includes
protection against forgery, increased trust between parties, and support in the
process of evidence in court. However, the waarmerking practice also carries
legal risks, especially if the public misunderstands its position or if there
is abuse of the document's substance. Therefore, public legal understanding, as
well as improvements in regulations and notarial practices, are crucial to
ensure the accountable and appropriate function of waarmerking.
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Pages:57-61
How to cite this article:
Ayu Fitria, M Jafar, Ika Susilawati "The position and use of a handwritten deed that is waarmerking by a notary". International Journal of Law, Vol 11, Issue 5, 2025, Pages 57-61
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