A deed serves as written evidence that explains in detail a legal act. This deed is divided into two forms, namely authentic deeds and deeds under the hand.
Many people assume that an authentic deed is a stamped agreement, while an underhand deed does not require a stamp. But is it true?
In order not to misunderstand, here we will describe the differences between authentic deeds and deeds under hand in detail.
What is an authentic deed?
An authentic deed according to Article 1868 of the Civil Code (KUHPer) is a deed (made) in the form prescribed by law, made by or before public servants authorized to do so, at the place where the deed or agreement is made.
Parties can declare a deed as authentic if it meets the following criteria:
- They make deeds according to the form prescribed by law.
- They draft deeds in the presence of an authorized public official.
Officials authorized to make authentic deeds are not always notaries. Notaries are only authorized to make authentic deeds relating to civil rights, establishment and change of business, and so on.
As for other authentic deeds, such as the making of marriage certificates is the authority of KUA officials or civil registry officials, and land sale and purchase deeds are the authority of Land Deed Officials.
Authentic deeds provide strong evidentiary power before the law, so parties cannot deny their existence in court.
What is an Underhand Deed?
A deed under hand is an agreement made by the parties without the intervention of a public official and the laws and regulations do not specifically regulate its format.
For example, an office equipment sale and purchase agreement between a seller and a buyer, or an employment agreement between a company and an employee.
A deed under the hand does not require an authorized official in the field according to the rules of law, because this deed can be made by an official who is not legally appointed, for example by the parties to the agreement they make themselves.
Since underhand deeds do not involve authorized officials, the presence of witnesses is essential to provide additional legal force.
This is done to strengthen the evidence because there are witnesses who witnessed the legal action. So, the parties cannot deny the existence of the deed and the legal act easily because of the witnesses.
Difference between Authentic Deed and Deed Under Hand
From the explanation above, we can already see the meaning and a glimpse of the difference between an authentic deed and a deed under the hand.
To give you a clearer and more detailed picture, check out the following table of differences under hand:
| Aspects | Authentic Deed | Deed Under Hand |
| Definition | An authentic deed is made directly under the supervision of an authorized public official. | The parties make an agreement without involving a public official. |
| Form | The law regulates the format and terms of making an authentic deed. | The law does not prescribe a specific format. |
| Example | Notarial deed, marriage certificate, birth certificate. | Sale and purchase agreement, employment agreement. |
| Legal Power | This deed has very strong evidentiary power before the law and is difficult to refute in court. | Its evidentiary power is not as perfect as an authentic deed, but it remains valid as long as the parties who made it do not deny it. |
Then, is an underhand deed legally valid?
The validity of an agreement determines whether or not a deed or agreement is valid, not based on its form. Article 1320 of the Civil Code regulates the valid requirements of an agreement, which consist of:
- Agreement of the parties;
- Capacity of the parties;
- The existence of the object of the agreement; and
- A lawful cause
If the deed or agreement under the hand meets the legal requirements, then the agreement will still bind the parties.
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These are some of the differences between an authentic deed and a deed under hand. To ensure that the agreement has a strong and clear legal force, you should make a notary or notarial agreement by involving authorized officials.
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