Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia

Research Article

The Legal Standing of Appearers in Authentic Deeds Made or Witnessed by a Notary Utilizing Signatures and Fingerprints of the Appearer as Evidence

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  • @INPROCEEDINGS{10.4108/eai.29-6-2021.2312639,
        author={Mujib Medio Annas and Tan  Kamello and Hasim  Purba and Saidin  Saidin},
        title={The Legal Standing of Appearers in Authentic Deeds Made or Witnessed by a Notary Utilizing Signatures and Fingerprints of the Appearer as Evidence},
        proceedings={Proceedings of the 2nd International Conference on Law, Economic, Governance, ICOLEG 2021, 29-30 June 2021, Semarang, Indonesia},
        publisher={EAI},
        proceedings_a={ICOLEG},
        year={2021},
        month={10},
        keywords={appearer notarial deed signature fingerprint},
        doi={10.4108/eai.29-6-2021.2312639}
    }
    
  • Mujib Medio Annas
    Tan Kamello
    Hasim Purba
    Saidin Saidin
    Year: 2021
    The Legal Standing of Appearers in Authentic Deeds Made or Witnessed by a Notary Utilizing Signatures and Fingerprints of the Appearer as Evidence
    ICOLEG
    EAI
    DOI: 10.4108/eai.29-6-2021.2312639
Mujib Medio Annas1,*, Tan Kamello1, Hasim Purba1, Saidin Saidin1
  • 1: Universitas Sumatera Utara
*Contact email: mujibmedio@gmail.com

Abstract

In an authentic deed made or witnessed by a notary, appearers must possess legal standing and have the capacity and legality to take legal actions. The power and lawfulness of the appearer must be supported by a correct identity. The signature and fingerprint of the appearer are used to confirm the legitimacy of the deed. This paper aims to analyze the legal standing of appearers in authentic deeds made or witnessed by a notary utilizing signatures and fingerprints of the appearer as evidence and the legal consequences of not fulfilling such a legal standing. This is normative legal research using data collected through the literature study. The results indicate that signatures and fingerprints of the appearer are the main requirements that make authentic deeds the perfect evidence, in addition to other requirements regarding objects in the deeds. Meanwhile, failure to fulfill legal standing in authentic deeds can result in a defective legal action stated in the deed. The injured party has the right to terminate the deed and sue the notary for interest and fines.