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Indonesia Notarial Records: Difference between revisions

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''[[Indonesia Genealogy|Indonesia]]''
[[Indonesia|Indonesia]] does not have, for the most part, a litigious culture. The country's underlying philosophy, Pancasila, calls for deliberation to reach a consensus and discourages contention in all things, where possible. A mix of diverse cultures, most of her people are invariably courteous and eschew confrontation of any kind. Commercial litigation is relatively rare, particularly when compared with such jurisdictions as [[Singapore]], [[India]], and the [[United States]], for example.  
[[Indonesia|Indonesia]] does not have, for the most part, a litigious culture. The country's underlying philosophy, Pancasila, calls for deliberation to reach a consensus and discourages contention in all things, where possible. A mix of diverse cultures, most of her people are invariably courteous and eschew confrontation of any kind. Commercial litigation is relatively rare, particularly when compared with such jurisdictions as [[Singapore]], [[India]], and the [[United States]], for example.  


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Authentic written evidence is distinguished from non-notarial written evidence. Authentic written evidence is evidence made before a notary public and should be considered as perfect, or undeniable, evidence in respect of matters contained therein.  
Authentic written evidence is distinguished from non-notarial written evidence. Authentic written evidence is evidence made before a notary public and should be considered as perfect, or undeniable, evidence in respect of matters contained therein.  


The Arbitration Law allows witnesses of fact or expert witnesses to be called, either at the request of a party or as ordered by the tribunal. Witnesses are to testify under oath. Note that it is recognized in all aspects of the law in Indonesia that the testimony of a single witness shall be not be trusted, unless accompanied by that of another witness or by other supporting evidence. Family, relatives, those having relation with a disputant through marriage and divorced husbands or wives are generally not qualified or permitted to act as witnesses, except in certain exceptional cases. Nor are employees, principals or other personnel of a disputant company considered as witnesses, but are identified as being a part of the party itself.  
The Arbitration Law allows witnesses of fact or expert witnesses to be called, either at the request of a party or as ordered by the tribunal. Witnesses are to testify under oath. Note that it is recognized in all aspects of the law in Indonesia that the testimony of a single witness shall be not be trusted, unless accompanied by that of another witness or by other supporting evidence. Family, relatives, those having relation with a disputant through marriage and divorced husbands or wives are generally not qualified or permitted to act as witnesses, except in certain exceptional cases. Nor are employees, principals or other personnel of a disputant company considered as witnesses, but are identified as being a part of the party itself.
 
== Notarial records and indexes (Akte notaris dan indises) ==
 
Research use:  Excellent linkage source.  Some records are indexed.  Records show vital information for individuals, families and relatives.
 
Record type:  Records of notary publics regarding wills, contracts, marriages, inheritance, sale and transfer of property, annuities, mortgages, inventories, orphans records.
 
Time Period:  1650-present.
 
Contents:  Wills, codicils, probates:  Testator’s names, heirs, witnesses, residences, dates, property descriptions, distributions, signatures.  Marriage dowries, contracts:  names, relatives, witnesses, dates, conditions, properties, signatures.  Divisions of estates and deeds:  heirs, sellers, buyers, witnesses, officials, residences, property descriptions, guardianship assignments for orphans, apprenticeships.  Orphans records:  Will abstracts, authorizations, prospective guardians, acceptances, appointments, orphans’ names, parents, relatives, guardians, ages, residences.
 
Location: National, municipal archives.
 
Population coverage: 20%.
 
Reliability:  Very good.
 
Accessibility:  By personal visit or by hiring a researcher.<ref name="profile">The Family History Department of the Church of Jesus Christ of Latter-day Saints, “Family History Record Profile: Indonesia,” Word document, private files of the FamilySearch Content Strategy Team, 1989-1999.</ref>
 
== Family History Library Collection ==


To find notarial records available in the Family History Library, look in the Place Search of the FamilySearch Catalog under:  
To find notarial records available in the Family History Library, look in the Place Search of the FamilySearch Catalog under:  
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INDONESIA - NOTARIAL RECORDS  
INDONESIA - NOTARIAL RECORDS  


=== External Links ===
== External Links ==


*http://www.insolvencyasia.com/insolvency_law_regimes/indonesia/section_c.html
*http://www.insolvencyasia.com/insolvency_law_regimes/indonesia/section_c.html
== References ==
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[[Category:Indonesia]]
[[Category:Indonesia]]
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