公证和平契约在解决印尼民事法律冲突中的法律效力

Aulia Wibowo, Siti Kunarti, Rahadi Bintoro
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摘要

在公证人的见证下,由争议各方达成的和解有望结束争议,为争议各方提供法律确定性。和平契约还有望在有争议的人之间及其未来的后代之间提供法律上的确定性、利益和正义。因此,它将创造一个平静的生活,和平与和谐的人之间的分歧。然而,如果他们之间达成的和平协议,特别是在公证人与公证的和平协议之前达成的和平协议,那么可以再次争议,本研究中提出的问题是公证人为解决印度尼西亚民法冲突而做出的和平协议的法律效力。在Gianyar地区法院第54/Pdt.G/2015/PN.Gir。为了回答这些问题,规范性法律研究方法与规定性研究方法相结合。分析研究的结果表明,证明公证契据的约束力是一种具有终审裁量权的契据。所达成的和平协议也是无用的,违背了真诚达成和平协议各方的正义感。当然,这也会引起党内和社会的怀疑。因此,需要对和解协议本身的性质以及公证后的和解协议在法庭上的证明约束力进行理解和明确。广博的知识,使字出版以后不会给当事人造成问题。
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Legal Strength of Peace Deeds Made by Notary in Efforts to Settle Civil Law Conflict in Indonesia
The peace that has been made by the disputing parties, in the presence of a notary with a notarial deed, is expected to end the dispute, provide legal certainty between those who are in dispute. The peace deed is also expected to provide legal certainty, benefit and provide justice between those who are in dispute and for their future descendants. Thus it will create a calm life, peace and harmony between those who are at odds. However, if the peace deed that has been made between them, especially what has been made before a notary with a notarized peace deed, can then be disputed again, the problem raised in this study is the legal force of the peace deed made by a notary in an effort to resolve civil law conflicts in Indonesia. In the example case of the Gianyar District Court decision No. 54/Pdt.G/2015/PN.Gir. To answer these problems, normative juridical legal research methods are used with prescriptive research methods. The results of the analysis and research are that the binding power of a notarial peace deed in proof is a deed that has the power of a judge's decision at the final level. The peace deed that was made was also useless and violated the sense of justice of the parties who made it in good faith. Of course this will also cause doubts both among the parties and in society. Therefore, understanding and clarity are needed regarding the nature of the peace itself and the binding power of the notarized peace deed in proof in court. Extensive knowledge so that the word published does not cause problems in the future for the parties involved.
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