Signing of Notarial Deed by A Convict Whose Rights to Certain Livelihood Is Revoked

Abstract

The provision of the Civil Code (KUHPerdata) Article 3 mentioned that none of punishment can eliminate a person’s civil right, and no single penalty can result in civil death or the loss of all civil rights. One of a person’s civil rights is binding himself to other people in form of an agreement in accordance with the provision of Article 1329 of the Civil Code. These rights are reflected in a person's way to meet the needs of living as a livelihood. Meanwhile, the Article 35 paragraph (1) of the Criminal Code (KUHPidana) stated that the right to pursue certain livelihoods of a person can be revoked as a form of punishment received. These two different provisions originating from the two different laws indicate that conflict of norms exists. Norm conflicts may lead to legal uncertainty, especially when the law is required to solve various problems occur in society. The issue concerns convict’s legal position on the person who has an interest in appearing before a notary for signing a notarial deed, because the deed may be very decisive for a person's business wherever he is, including a prisoner. The above conflicting norms academically may raise various legal issues, including the revocation of the right to pursue specific livelihoods, and whether the revocation is also a barrier for the convict to appear before a notary because the legal interests require it. Through this research, some of these questions will be answered using a normative juridical type of research.

Keywords: Certain Livelihood, Legal Certainty, Norm Conflict, Notary Deed,

DOI: 10.7176/JLPG/120-02

Publication date: April 30^th 2022