The Role of the Notary in Dispute Resolution

Oct 13, 2025 by magicalceylontours.com 124 views

Introduction

In the realm of dispute resolution, the concept of a "deed of peace" has emerged as a viable alternative to traditional court proceedings. This agreement between two or more parties, facilitated by a mediator, seeks to provide a legal framework for the implementation of the agreement. The executorial strength of the peace decision is regulated in Article 1858 of the Civil Code (KUH Civil) and Article 130 paragraph 2 and 3 HIR. In this context, the peace certificate must be outlined in written form to prevent the recurrence of the same dispute in the future. The dispute resolution process can also be carried out outside the court by making a peace deed that can be a deed under the hand or authentic deed compiled by a notary.

The Role of the Notary in Dispute Resolution

Notaries have an important role in providing legal counseling to the disputing parties. According to Article 15 paragraph (2) letter c of the UUJN, the notary must provide an adequate explanation of the current legal conditions, including the rights and obligations of the parties. This counseling is important to increase the understanding of community law, so that they are more aware of their rights and obligations. Notaries must be honest, impartial, and professional in giving legal advice. The notary's role is crucial in ensuring that the disputing parties are aware of their rights and obligations, and that they are able to make informed decisions about their dispute.

Making Peace Deed by Notary

In a situation where there is already a court decision with permanent legal force, the role of the notary in making a peace deed is very significant. The notary is tasked with preparing an authentic deed in accordance with the provisions contained in Article 16 of the UUJN, as well as ensuring that the peace certificate reflects the will of the parties by taking into account the applicable law. The notary's expertise is essential in ensuring that the peace certificate is prepared in accordance with the law, and that it accurately reflects the agreement between the parties.

The peace certificate produced by the notary must be registered at the local district court to get official recognition. It is important to note that the notary is not responsible for the contents of the deed made; The responsibility is more on the formal aspects of authentic deeds that are prepared in accordance with legal provisions. This shows that the notary functions as a facilitator in reaching an agreement between the parties. The notary's role is to facilitate the agreement between the parties, and to ensure that the peace certificate is prepared in accordance with the law.

Notary Responsibility

The notary responsibility lies in the formal setting of the peace certificate, including the signing by the witness and the notary himself. As regulated in Article 54 of the UUJN, the notary is not permitted to provide a copy or quote of the deed to other parties outside of those who are directly interested. This aims to maintain the confidentiality of the contents of the deed and protect the rights of the parties involved. The notary's responsibility is to maintain the confidentiality of the peace certificate, and to protect the rights of the parties involved.

The Importance of Notary in Peace Deed

The notary plays a crucial role in the resolution of disputes through the peace certificate. Notaries are not only responsible for providing legal counseling and compiling peace certificates, but also ensuring that all processes are carried out in accordance with applicable legal provisions. The notary's expertise is essential in ensuring that the peace certificate is prepared in accordance with the law, and that it accurately reflects the agreement between the parties.

Conclusion

Overall, the role of the notary in the resolution of disputes through the peace certificate is very crucial. Notaries are not only responsible for providing legal counseling and compiling peace certificates, but also ensuring that all processes are carried out in accordance with applicable legal provisions. Thus, the existence of a notary is expected to minimize the potential of disputes in the future and increase public confidence in the existing legal process. This role is certainly inseparable from the purpose of creating a legal awareness and respecting the agreement that has been made.

Recommendations

Based on the analysis of the role of the notary in the resolution of disputes through the peace certificate, the following recommendations can be made:

Notaries should provide adequate legal counseling to the disputing parties to increase their understanding of community law.
Notaries should ensure that the peace certificate is prepared in accordance with the law, and that it accurately reflects the agreement between the parties.
Notaries should maintain the confidentiality of the peace certificate, and protect the rights of the parties involved.
The government should provide training and education to notaries on the role of the notary in the resolution of disputes through the peace certificate.

Limitations of the Study

This study has several limitations, including:

The study only focuses on the role of the notary in the resolution of disputes through the peace certificate, and does not consider other factors that may influence the dispute resolution process.
The study only considers the legal aspects of the peace certificate, and does not consider the social and economic aspects of the dispute resolution process.
The study only considers the role of the notary in the resolution of disputes through the peace certificate, and does not consider the role of other professionals, such as mediators and lawyers.

Future Research Directions

Based on the analysis of the role of the notary in the resolution of disputes through the peace certificate, the following future research directions can be identified:

Investigating the effectiveness of the peace certificate in resolving disputes.
Examining the role of other professionals, such as mediators and lawyers, in the dispute resolution process.
Investigating the social and economic aspects of the dispute resolution process.
Examining the impact of the peace certificate on the legal awareness of the disputing parties.

Conclusion

In conclusion, the role of the notary in the resolution of disputes through the peace certificate is very crucial. Notaries are not only responsible for providing legal counseling and compiling peace certificates, but also ensuring that all processes are carried out in accordance with applicable legal provisions. Thus, the existence of a notary is expected to minimize the potential of disputes in the future and increase public confidence in the existing legal process. This role is certainly inseparable from the purpose of creating a legal awareness and respecting the agreement that has been made.

Introduction

The role of the notary in dispute resolution is a crucial aspect of the peace certificate process. Notaries play a vital role in providing legal counseling, compiling peace certificates, and ensuring that all processes are carried out in accordance with applicable legal provisions. In this article, we will address some of the frequently asked questions (FAQs) about the role of the notary in dispute resolution.

Q: What is the role of the notary in dispute resolution?

A: The notary plays a crucial role in providing legal counseling to the disputing parties, compiling peace certificates, and ensuring that all processes are carried out in accordance with applicable legal provisions.

Q: What is the difference between a deed under the hand and an authentic deed compiled by a notary?

A: A deed under the hand is a written document that is signed by the parties involved, while an authentic deed compiled by a notary is a written document that is prepared and signed by a notary.

Q: What is the purpose of the peace certificate?

A: The peace certificate is a written document that outlines the agreement between the parties and is used to resolve disputes outside of court.

Q: What is the role of the notary in preparing the peace certificate?

A: The notary is responsible for preparing the peace certificate in accordance with the provisions contained in Article 16 of the UUJN, and ensuring that it accurately reflects the agreement between the parties.

Q: Can the notary provide a copy or quote of the deed to other parties outside of those who are directly interested?

A: No, the notary is not permitted to provide a copy or quote of the deed to other parties outside of those who are directly interested, as regulated in Article 54 of the UUJN.

Q: What is the responsibility of the notary in maintaining the confidentiality of the peace certificate?

A: The notary is responsible for maintaining the confidentiality of the peace certificate and protecting the rights of the parties involved.

Q: Can the notary be held responsible for the contents of the deed made?

A: No, the notary is not responsible for the contents of the deed made, but rather for the formal aspects of authentic deeds that are prepared in accordance with legal provisions.

Q: What is the significance of registering the peace certificate at the local district court?

A: Registering the peace certificate at the local district court provides official recognition and ensures that the agreement between the parties is legally binding.

Q: Can the notary facilitate the agreement between the parties?

A: Yes, the notary can facilitate the agreement between the parties by providing legal counseling and compiling peace certificates in accordance with applicable legal provisions.

Q: What is the impact of the peace certificate on the legal awareness of the disputing parties?

A: The peace certificate can increase the legal awareness of the disputing parties by providing them with a clear understanding of their rights and obligations.

Q: Can the notary play a role in preventing disputes in the future?

A: Yes, the notary can play a role in preventing disputes in the future by providing legal counseling and compiling peace certificates in accordance with applicable legal provisions.

Conclusion

In conclusion, the role of the notary in dispute resolution is a crucial aspect of the peace certificate process. Notaries play a vital role in providing legal counseling, compiling peace certificates, and ensuring that all processes are carried out in accordance with applicable legal provisions. By understanding the role of the notary in dispute resolution, individuals can better navigate the peace certificate process and achieve a more effective and efficient resolution of disputes.