Misty, Mousume Akter (2024) THE FUNCTION OF A NOTARY POSITION IN THE LEGAL CONTRACT IN BANGLADESHI INDUSTRY. Masters thesis, Universitas Islam Sultan Agung Semarang.
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Abstract
The differences between the civil law and common law legal systems that oversee notaries raise questions about how notary positions are organized in Bangladesh and Indonesia. Law No. 2 of 2014 and Law No. 30 of 2004 both discuss the function of the notary public in Indonesia's civil law system. This research seeks to achieve two main goals: The first step is to compare the requirements for becoming a notary public and the extent of their authority in the two nations. The second objective is to examine whether it serves as a critical tool for promoting legal certainty, facilitating commercial transactions, and upholding the rule of law within the country's legal landscape. The study approach blends an explanatory research typology with a normative juridical approach. In order to ensure comprehensiveness, this qualitative study employs data collection techniques such as documentation and interviews to gather information from primary and secondary sources. 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 the industry deed 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: International; Notary Public; Comparison; Condition; Author
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | K Law > K Law (General) |
| Divisions: | Pascasarjana Pascasarjana > Magister Kenotariatan |
| Depositing User: | Pustakawan 5 UNISSULA |
| Date Deposited: | 30 Apr 2024 02:20 |
| Last Modified: | 30 Apr 2024 02:20 |
| URI: | http://repository.unissula.ac.id/id/eprint/33533 |
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