The end of this month, on the 27-30th of November 2019, Indonesian Notary Association (INI) hosted the International Notary International Congress under the banner of the UINL or Union Internacional del Notariado Latino or the International Latin Notary Association. The event carried out by the INI is the grandest program of the organization with very long preparation.

One of the big agenda of the UINL Congress is to strengthen the existence of Latin notaries who embrace civil law.

Following is a brief interview of K. Lukie Nugroho, SHfrom with senior notary Sri Wahyu Jatmikowati, SH, MH or Mamiek Jatmiko from Surabaya, Indonesiaabout the relationship between the UINL Congress and the existence of a notary position in the civil law legal system.

rosidah pengadilan Tipikor Surabaya Okt 2017 why is the civil legal system so important in strengthening the position of a notary?

Mamiek Jatmiko: Civil law system or Continental Europe glorifies the authenticity of absolute legal documents that have binding legal force, which has legal certainty. This is manifested in written regulations in the form of laws and so on.

In its implementation, the community performs legal actions, makes business transactions and others through a notary public official who issues an authentic deed which is binding on the parties. This is where the existence of the position of notary public official still exists, and is maintained. it seems that the spirit of this Congress to maintain the existence of the notary office is very strong?

Mamiek Jatmiko: that`s right. The Indonesian Notary Public official has built a joint force of 87 member states of UINL who are united in the organization of the only international Notary organization in the world, the International Union of Notaries (UINL), who will fight together to maintain the existence of civil law notaries both in Indonesia and in the world.

No less important is that the existence of a civil law notary must be maintained and have a place in Indonesia. Do not let the existence of a notary in Indonesia become weak or diminished. what do you think if the existence of a notary in the common law system (as opposed to civil law)?

mamiek jatmiko pelantikan pengwil Jatim IPPAT Maret  2019

Mamiek Jatmiko: in a country that adheres to the common law system or the anglo saxon notary only becomes a rubber stamp. Legitimist.

Meanwhile in the Common Law system there is no authentic deed known. In this system all documents are sufficiently made with a deed under the hand, or just legalized. The notary only verifies and gives a stamp like a "rubber stamp" as seen in the corner of Manila, Philippines where "Notary public" mingles with street vendors on the roadside. They do not need authentication that guarantees physical, material and formal truth. In this system, "speed" is more preferred than "authenticity". In principle, everything is fast, practical and cost is made as cheap as possible.

In the common law system, legal certainty is placed in a different concept from the civil law system. In civil law, legal certainty is based on positive, written law. Whereas in common law it is not. They rely on the agreement of the parties. If there is a dispute, they go to court, and they use the precedent of the same cases before.

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