KECAKAPAN HUKUM DAN LEGALITAS TANDATANGAN SEORANG TERPIDANA DALAM MENANDATANGANI AKTA OTENTIK

Abstract

This article aims to find out and analyze the legal and legal skills of a convicted person in signing an authentic deed. Research methods used to achieve the objectives of this legal research using normative juridical approach method. The nature of the research used is a descriptive study in this study to provide arguments from the results of research conducted, because trying to find the rules of law, legal principles, and legal doctrines to further analyzed by guiding and describing the legislation that applies relating to legal theory and practice of the implementation of positive law concerning the problem in this research. The result of this research is that the legal skills of a convicted person in a penitentiary sign a notarial deed, that the convicted person undergoing punishment in a correctional institution is capable of acting in law by signing or becoming a deed before a notary. The convict is different from the suspect, even though both are involved in criminal cases. The convicted person undergo a criminal sanction after receiving a court decision that has permanent legal power. In the Notary's Office Law, the Notary is given the obligation that if the interlocutor can not affix a signature caused by paralysis, illness, or any other reason, inasmuch as a signature, the tamper may impose a fingerprint on a deed mine. This means that there is no reason for anyone in a penitentiary to undergo a criminal sanction that has a permanent legal power. If it is related to the acting skills of the law as provided in article 1330 of the Civil Code there is no mention that the person in the penal institution undergoing criminal sanction is declared incapable of acting in law, so long as he is 18 years old or has married and is not under if any person is capable of acting in law, as provided for in article 1 (3) of the Civil Code, that there is no punishment that results in civil death, or the loss of any citizenship rights.