Restoration Mechanisms of Cancelled Authentic Deed

This study aims to analyse the restoration mechanisms of an authentic deed that has been cancelled. The study involves a normative legal analysis that utilises secondary data, including primary, secondary, and tertiary legal sources. The study adopts a methodology employing statute, conceptual, and...

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Main Authors: Robby Auzini Baidhowi, Hirsanuddin Hirsanuddin, Lalu Wira Pria Suhartana
Format: Article
Language:English
Published: Altezoro s.r.o. (Slovak Republic) and Publishing Center "Dialog" (Ukraine) 2023-05-01
Series:Traektoriâ Nauki
Online Access:https://pathofscience.org/index.php/ps/article/view/2567
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author Robby Auzini Baidhowi
Hirsanuddin Hirsanuddin
Lalu Wira Pria Suhartana
author_facet Robby Auzini Baidhowi
Hirsanuddin Hirsanuddin
Lalu Wira Pria Suhartana
author_sort Robby Auzini Baidhowi
collection DOAJ
description This study aims to analyse the restoration mechanisms of an authentic deed that has been cancelled. The study involves a normative legal analysis that utilises secondary data, including primary, secondary, and tertiary legal sources. The study adopts a methodology employing statute, conceptual, and case approaches. As a result, the agreement is considered to have a formal defect and the act of creating the agreement is deemed unlawful. An authentic agreement can only be restored by annulling the court’s decision through an appeal and a cassation decision, followed by an extraordinary legal remedy called a review to cancel the cassation decision. It is important to note that the restoration of an authentic agreement can only occur within an ongoing trial, and there is no other way to recover a cancelled original agreement outside of this.
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publishDate 2023-05-01
publisher Altezoro s.r.o. (Slovak Republic) and Publishing Center "Dialog" (Ukraine)
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series Traektoriâ Nauki
spelling doaj.art-5ac45bb8aded4c8c9903cf1607c074b82023-07-23T10:19:54ZengAltezoro s.r.o. (Slovak Republic) and Publishing Center "Dialog" (Ukraine)Traektoriâ Nauki2413-90092023-05-019510.22178/pos.92-21963Restoration Mechanisms of Cancelled Authentic DeedRobby Auzini Baidhowi0Hirsanuddin Hirsanuddin1Lalu Wira Pria Suhartana2University of MataramUniversity of MataramUniversity of MataramThis study aims to analyse the restoration mechanisms of an authentic deed that has been cancelled. The study involves a normative legal analysis that utilises secondary data, including primary, secondary, and tertiary legal sources. The study adopts a methodology employing statute, conceptual, and case approaches. As a result, the agreement is considered to have a formal defect and the act of creating the agreement is deemed unlawful. An authentic agreement can only be restored by annulling the court’s decision through an appeal and a cassation decision, followed by an extraordinary legal remedy called a review to cancel the cassation decision. It is important to note that the restoration of an authentic agreement can only occur within an ongoing trial, and there is no other way to recover a cancelled original agreement outside of this.https://pathofscience.org/index.php/ps/article/view/2567
spellingShingle Robby Auzini Baidhowi
Hirsanuddin Hirsanuddin
Lalu Wira Pria Suhartana
Restoration Mechanisms of Cancelled Authentic Deed
Traektoriâ Nauki
title Restoration Mechanisms of Cancelled Authentic Deed
title_full Restoration Mechanisms of Cancelled Authentic Deed
title_fullStr Restoration Mechanisms of Cancelled Authentic Deed
title_full_unstemmed Restoration Mechanisms of Cancelled Authentic Deed
title_short Restoration Mechanisms of Cancelled Authentic Deed
title_sort restoration mechanisms of cancelled authentic deed
url https://pathofscience.org/index.php/ps/article/view/2567
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AT hirsanuddinhirsanuddin restorationmechanismsofcancelledauthenticdeed
AT laluwirapriasuhartana restorationmechanismsofcancelledauthenticdeed