Hello KH Friend! Have you ever heard of the terms notarial deed, legalization, and waarmerking? All three may sound similar, but they actually have quite significant differences in terms of function and process. Knowing this difference is very important, especially if you are dealing with legal documents that require legal validity in the eyes of the state.
In this article, we will take a closer look at what a notarial deed, legalization, and waarmerking are, and the differences between them. By understanding these differences, KH buddy can more easily determine the right steps in obtaining legal documents. Let’s see the discussion!
What is a Notarial Deed?
Before discussing the differences, let’s first understand what a notarial deed is. Namely a document made by or before a notary, which serves as authentic evidence of a legal act performed by the parties. The state recognizes that the letter has valid legal force because the deed-making law authorizes notaries who are public officials.
Some examples of deeds that KH pals often encounter include land sale and purchase agreement deeds, company establishment deeds, marriage deeds, and will deeds. And can be used as authentic evidence that cannot be contested in court, unless there is evidence that invalidates the deed.
Legal Basis of Notarial Deed
In the context of Indonesian law, notarial deeds are regulated in Law No. 2 of 2014 about Amendment to Law No. 30 of 2004 on the Position of Notary.. Undang-undang ini mengatur kewajiban, wewenang, serta prosedur yang harus diikuti. Selain itu, The Civil Code (KUHPerdata) also regulates several things related to the validity of authentic deeds as evidence.
What is Legalization?
Legalization is a legal action taken by a notary to certify the signature contained in a document. In this case, the notary ensures that the signature contained in the document really belongs to the party concerned and is made voluntarily without any pressure from any party. The legalization process does not change the content of the document, but only validates the validity of the signature contained therein.
Legalization is usually done on documents that do not require notarial deeds, such as power of attorney, personal agreements, or other documents that only require signature attestation from related parties.
Legal Basis of Legalization
The legal basis for the legalization process is contained in Law No. 2 of 2014 about the Notary Position. In this regulation, notaries have the authority to legalize signatures as part of their duties as public officials. Legalization is not a form of notarial deed, but serves as evidence that the signature in the document has been legalized by the notary.
What is Waarmerking?
Many may not be familiar with the term waarmerking. Waarmerking is the process of giving a mark or stamp by a notary on a personal document, as a sign that the document has been safely stored by the notary. In this case, the notary does not authorize the contents of the document, but only records the existence and storage of the document. Waarmerking does not give legal force to the document, but serves as evidence of the existence and submission of the document to the notary on a certain date. For example, if Friend KH has a cooperation agreement that wants to use waarmerking, the notary will only provide a stamp as proof of storage, without approving the contents of the agreement.
Legal Basis of Waarmerking
Waarmerking is also regulated in Law No. 2 Year 2014 about the Notary Position. Although waarmerking does not provide the same legal validity as a notarial deed or legalization, this process is still valid in the eyes of the law for the purposes of proving the existence of documents.
Difference between Notarial Deed, Legalization, and Waarmerking
After understanding the meaning of the three terms, now it’s time for KH Friend to understand the difference between notarial deed, legalizationand waarmerking.
1. Function and Power of Law
- Notarial Deed: Has authentic legal force and is recognized as legal evidence in court. Notarial deed as an official legal document that proves the existence of legal acts.
- Legalization: Only certifies the signature in the document, not the contents of the document. Its legal force is limited to the validity of the signature, and the court can use the document.
- Waarmerking: Does not authorize the content or signature of the document, but only indicates that the document already exists and has been filed with a notary.
2. Manufacturing Process
- Notarial Deed: Made by or before a notary, and involves the parties involved in the legal action. The notary ensures that the contents are in accordance with legal provisions.
- Legalization: The relevant parties must prepare the documents, and the notary only verifies and certifies the signatures on the documents.
- Waarmerking: The relevant party submits a personal document to the notary, and the notary only provides a stamp or proof of receipt of the document.
3. Notary Responsibilities
- Notarial Deed: The notary is responsible for the content and ensuring that the content is made in accordance with applicable law. If there are legal issues in the content, the notary must be able to account for it.
- Legalization: The notary is only responsible for the validity of the signature, not the content of the document.
- Waarmerking: The notary is not responsible for the content of the document, but only acts as the party who stores and marks the document.
When do I need a Notarial Deed, Legalization, or Waarmerking?
KH friends may wonder, when is it better to use a notarial deed, legalization, or waarmerking? Here are some examples of situations when each of these processes are required:
1. Notarial Deed
If Friend KH is involved in a legal action that requires authentic evidence, such as a land sale and purchase agreement, company establishment, or making a will, then a notarial deed is very important. The deed provides stronger legal protection and the court recognizes it.
2. Legalization
KH friends need to legalize signatures if they want the signature on personal documents such as power of attorney or contracts to be valid. In these cases, legalization ensures that the signature on the document is valid and actually belongs to the party concerned.
3. Waarmerking
f you want to keep a personal document as proof of its existence and date of submission, you can use the waarmerking service at a notary. This service is suitable for various types of documents, such as cooperation agreements or other non-deed documents.
It is important that you determine which process best suits your legal needs. Each has a different function and legal force, so it is important to know when to use one of them.
If Friend KH needs assistance in notarial deed making, legalization, or waarmerking, Legal Contract ready to help! You can visit the old Legal Contract Services to find out more. We provide free consultation service through Ask KH and direct message to Instagram @kontrakhukum. Dan pembuatan dokumen hukum sesuai dengan ketentuan yang berlaku di Indonesia. Jangan ragu untuk menghubungi kami di ContractLaw.com to get more information. Also get additional income up to millions of rupiah by becoming part of the Contract Law Affiliate Program. The registration method is also quite easy, just go to the
