Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia

Research Article

Legal Protection of Persons with Disabilities in Signing And Affixing Fingerprints To The Notary Deed Minutes

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  • @INPROCEEDINGS{10.4108/eai.14-4-2021.2312503,
        author={Akmal  Budi and Kartina  Pakpahan and Elvira Fitriyani Pakpahan and Heriyanti  Heriyanti and O.K.  Isnainul},
        title={Legal Protection of Persons with Disabilities in Signing And Affixing Fingerprints To The Notary Deed Minutes},
        proceedings={Proceedings from the 1st International Conference on Law and Human Rights, ICLHR 2021, 14-15 April 2021, Jakarta, Indonesia},
        publisher={EAI},
        proceedings_a={ICLHR},
        year={2021},
        month={10},
        keywords={notary; fingerprint; deed minutes},
        doi={10.4108/eai.14-4-2021.2312503}
    }
    
  • Akmal Budi
    Kartina Pakpahan
    Elvira Fitriyani Pakpahan
    Heriyanti Heriyanti
    O.K. Isnainul
    Year: 2021
    Legal Protection of Persons with Disabilities in Signing And Affixing Fingerprints To The Notary Deed Minutes
    ICLHR
    EAI
    DOI: 10.4108/eai.14-4-2021.2312503
Akmal Budi1,*, Kartina Pakpahan1, Elvira Fitriyani Pakpahan1, Heriyanti Heriyanti1, O.K. Isnainul1
  • 1: Universitas Prima Indonesia, Indonesia
*Contact email: amalbudi60@gmail.com

Abstract

After the enactment of Law Number 2 of 2014, specifically the obligation of sticking fingerprinting on the minutes of the deed has caused various polemics, because the mechanism for implementing fingerprinting sticking is not yet available, while the explanation of Article 16 paragraph (1) letter c of Law Number 2 Year 2014 was only written quite clearly. Therefore, between one notary and another notary in applying it. The result of the research is that according to Article 16 paragraph (1) letter c of law number 2 of 2014, a Notary is required to attach a fingerprint on the deed the notary asks the user to put right and left fingerprints (thumb / thumb) attached to the minutes of the deed, although there is no prohibition if there is a notary who attaches the fingerprints of the minutes of the deed with a finger other than the thumb, because there is no further explanation in the Notary Position Act concerning which fingerprints are attached to the minutes of the deed. If the user cannot put a fingerprint, the reason must be stated clearly and stated clearly indeed so that the deed will not lose authenticity. The deed remains legally valid and has a value as an authentic deed.