KABIR, HUMAYUN (2024) THE PRACTICAL OF PUBLIC NOTARY POSITION AND ETHICAL CODE IN BANGLADESH. Masters thesis, Universitas Islam Sultan Agung Semarang.
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Abstract
The contrasting nature of the civil law and common law legal systems governing Notaries raises questions about the organizational structure of Notary jobs in Indonesia and Bangladesh. In Indonesia's Civil Law system, both Law No. 2 of 2014 Jo and Law No. 30 of 2004 pertain to the role of the Notary Public. This study aims to achieve two primary objectives: Conduct a comparative analysis of the qualifications required to become a Notary and the extent of a Notary's authority in both countries. Analyze the legal frameworks and systems governing the position arrangements and codes of ethics for Notaries in Bangladesh and Indonesia. This research methodology employs an explanatory research typology alongside a normative juridical approach. The thesis requirements necessitate an analytical descriptive focus on the qualifications for individuals aspiring to become notaries and the respective roles and powers they hold in both Indonesia and Bangladesh. To ensure comprehensiveness, this qualitative study draws information from primary and secondary sources, utilizing data collection methods such as interviews and documentation. In Bangladesh, the appointment of Notary Public differs from the public registration process found in other countries. Notaries are directly elected by the Kingdom through the Ministry of Justice in each State/Federal Territory. The prerequisites for becoming a Notary Public in Bangladesh involve being a qualified Law graduate who has become an advocate or counselor, appointed by the State Attorney General under the Ministry of Justice & Prosecutors' Office. There is no specific requirement for additional education within a certain timeframe. Comparatively, the Notary Law in Bangladesh exhibits significant differences from the Indonesian Notary Law (UUJN), which applies nationwide. The dissimilarities can also be observed in the powers and responsibilities conferred upon Notaries. Unlike Indonesia, where a unified Notary Law governs the entire country, Bangladesh has distinct notary legislation in each state, federal region, and federation, tailored to address their unique demographics and requirements. This study further explores the innovative aspects of the Notary Public system in Bangladesh, particularly its response to technological advancements through the Cyber Notary & Digitalization World system, facilitating the use of Electronic Deeds. Additionally, the international contract system in Bangladesh adopts a comprehensive and flexible approach, attentively accommodating clients' preferences while simultaneously adhering to various aspects of international law. Keywords: Notary Public; International; Comparison; Situation; Power Keywords:International; Notary Public; Comparison; Condition; Authority.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 5 UNISSULA |
| Date Deposited: | 29 Apr 2024 02:00 |
| Last Modified: | 29 Apr 2024 02:00 |
| URI: | http://repository.unissula.ac.id/id/eprint/33489 |
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