KEPASTIAN HUKUM SURAT PERNYATAAN NOTARIS (COVER NOTE) DALAM PROSES PENDAFTARAN HAK TANGGUNGAN DI KANTOR PERTANAHAN

DERMAWAN, MUHAMMAD RAAFI and Rasyid, Muhammad and Handayani, Sri (2024) KEPASTIAN HUKUM SURAT PERNYATAAN NOTARIS (COVER NOTE) DALAM PROSES PENDAFTARAN HAK TANGGUNGAN DI KANTOR PERTANAHAN. Undergraduate thesis, Sriwijaya University.

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Abstract

The Mortgage Rights certification process takes time, while the debtor requires earlier disbursement of the credit facility, and therefore the Notary/PPAT makes a cover note as a guarantee to the creditor that the mortgage registration process at the Land Office is being carried out and the Mortgage Rights Certificate as soon as possible after issuance will be submitted to the creditor. This research is a normative legal research with the technique of collecting research materials through library research, with a deductive conclusion technique. The results of this study are that cover notes do not have legal certainty because there are no norms governing cover notes at all. However, there is no prohibition for a Notary/PPAT to make a cover note as long as what is stated in the cover note is implemented. Legal consequences for a Notary/PPAT who neglects to carry out his statement in the cover note, the Notary must tale responsible for his actions in the aspect of civil law for committing an act of resistance with punishment to compensate for the losses suffered, especially creditors. Creditors can sue the Notary/PPAT for unlawful acts because by not receiving the Mortgage Rights Certificate, since the creditor cannot execute the object that is used as the object of collateral in the Mortgage Rights Certificate if the debtor fails to pay, while the debtor has received a credit facility before the creditor receives the Mortgage Rights Certificate. The creditor can also sue the debtor for default because the debtor through a Notary/PPAT neglected to submit a Mortgage Rights Certificate to the creditor. Notary/PPAT can be positioned as co-defendant with the penalty of compensating for losses suffered by the creditor jointly and severally with the debtor. The next legal consequence is the potential for a Notary/PPAT to be subject to a code of ethics sanction according to the IPPAT Code of Ethics by the Regional Honor Council (MKD), with the form of sanction depending on the frequency and quality of violations as well as the legal facts that surfaced in the MKD session.

Item Type:	Thesis (Undergraduate)
Uncontrolled Keywords:	Cover Note, Hak Tanggungan, Notaris/PPAT
Subjects:	K Law > K Law (General) > K623-968 Civil law
Divisions:	02-Faculty of Law > 74201-Law (S1)
Depositing User:	Muhammad Raafi Dermawan
Date Deposited:	30 May 2024 06:52
Last Modified:	30 May 2024 06:52
URI:	http://repository.unsri.ac.id/id/eprint/146043

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