The Concept Of Authentic Acte Making Arrangements For People With Visual Impairments

Abstract

It is said to be visually impaired when a person experiences a vision disorder that, despite being corrected with certain medications or optical devices, still has difficulty in vision and is no longer able to take advantage of his sense of sight. The visually impaired as part of a disability are often considered one-eyed, both in everyday life and when they want to carry out legal acts. Blind people are still considered not qualified according to their legal requirements in making agreements. The condition of the validity of the agreement according to Section 1320 of the Civil Code (KUHPer) is the agreement of the parties who bind themselves, the ability to make an alliance, a certain object or thing, and a lawful cause. When all persons with disabilities, including the Blind, are considered incompetent and must be placed in a guardianship in the determination of the court, based on the rigid interpretation contained in Section 32 of Act Number 8 of 2016 concerning persons with Disabilities which states that persons with disabilities can be declared incompetent based on the determination of the District Court, it is good that we should be able to examine further in other Sections both contained in Act Number 8 of 2016 and from other laws and regulations. The results showed that blind people described in Act No. 8 of 2016, fall into the category of sensory disabilities, which is in the explanation of Section 4 Verse 1 letter d. Meanwhile, in the decision of the Constitutional Court number 93/PUU-XX/2022 concerning guardianship, that guardianship problems caused by “stupid”, “sick” brain”, and “dark eyes” conditions are sourced from Section 433 of the Civil Code, which is part of mental disability and/or intellectual disability. So that blind persons are not included in the category of guardianship because they do not enter the category mentioned in the Constitutional Court decision. Then in the concept of setting the implementation, blind people in making authentic Actes can use the following methods: first, the use of surrogate, second, the use of companion, third, the use of the Acte using Braille. In comparison with the Japanese notary law, observer/Observer method can be used in the concept of implementation in Indonesia.