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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Format: | Article |
Language: | English |
Published: |
Altezoro s.r.o. (Slovak Republic) and Publishing Center "Dialog" (Ukraine)
2023-05-01
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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. |
first_indexed | 2024-03-12T22:20:42Z |
format | Article |
id | doaj.art-5ac45bb8aded4c8c9903cf1607c074b8 |
institution | Directory Open Access Journal |
issn | 2413-9009 |
language | English |
last_indexed | 2024-03-12T22:20:42Z |
publishDate | 2023-05-01 |
publisher | Altezoro s.r.o. (Slovak Republic) and Publishing Center "Dialog" (Ukraine) |
record_format | Article |
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 |
work_keys_str_mv | AT robbyauzinibaidhowi restorationmechanismsofcancelledauthenticdeed AT hirsanuddinhirsanuddin restorationmechanismsofcancelledauthenticdeed AT laluwirapriasuhartana restorationmechanismsofcancelledauthenticdeed |