Pursuant to Article 1867 of the Penal Code, an act is divided into 2 (two), between the subordinate ( onderhands ) and the official ( authentic ) act . The act under the hand is an act made not before a lawful or notary official . This Act was made and signed by the parties who made it. If an Act under the hands of the Parties is not denied by the Parties, then those who acknowledge and do not deny the truth of what is written in the deed under it, pursuant to Article 1857 of the Civil Code under that hand, have the same evidentiary power as an Authentic Act. .
Characteristics of the Under-Act
- Non-standard free format: Undertaken deed which is not in a standard format so that it is not the same as the output from authorized officials.
- Law Offices: Actors are under the influence of law enforcement officials.
- It has the power of proof as long as it is not denied by its maker
- In the event that it has to be proven, then the proof must be accompanied by witnesses & other evidence. Therefore, usually in a deed under the hand, it should be included 2 adult witnesses to strengthen the evidence.
- The place can be anywhere.
Types of Deeds Under
- Act under ordinary hands
- The Waarmerken Act, is an act under the hand made and signed by the parties to be registered with the notary. Because it is only registered, the notary is not responsible for the material / content or signature of the parties in the document created by the parties.
- Legalization Deed, is an underhand deed made by the parties but the signature is witnessed by or before a notary, but the notary is not responsible for the material / content of the document but the notary is only responsible for the signature of the parties concerned and the date the document was signed.