TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DAN KAITANNYA DENGAN KREDIT FIKTIF

OKTAREZA, MUHAMMAD ALDI and Yahanan, Annalisa and Lany, Arman (2024) TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DAN KAITANNYA DENGAN KREDIT FIKTIF. Masters thesis, Sriwijaya University.

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Abstract

ABSTRACT Notaries in providing assistance or services to banks in practice can commit negligence that can result in losses to the bank. Negligence committed by a notary, among others, can occur in the binding of collateral in a credit agreement. The purpose of this research is to analyze the process related to the notary over the occurrence of fictitious credit between the creditor and debtor and analyze the responsibility of the notary in relation to fictitious credit. This research uses normative research methods, using primary, secondary, and tertiary legal materials, and using a legislative approach. The results of this study indicate that the process related to the notary for the occurrence of fictitious credit between the creditor and the debtor begins with the involvement of the notary in making a certificate (Covernote) which is used by the debtor as a substitute for the original collateral letters in the form of SHM and HGU which should prevent bank credit from being disbursed, because the basis for making a covernote is SKT. However, the SKT given by the debtor to the Notary is not in the name of the debtor, this is where the notary needs to be careful in making a deed, which causes the notary to be responsible for his actions. The notary's responsibility in relation to fictitious credit is that he is responsible for his actions that have harmed creditors because he issued a covernote whose contents contain untrue statements or information. So that according to the Supreme Court's decision because of his actions, the Notary is subject to a criminal sanction of one year and two months in accordance with the Corruption Eradication Law.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Notaris, Akta, Kredit Fiktif
Subjects:	K Law > K Law (General) > K623-968 Civil law
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	MUHAMMAD ALDI OKTAREZA
Date Deposited:	10 Jul 2024 02:16
Last Modified:	10 Jul 2024 02:16
URI:	http://repository.unsri.ac.id/id/eprint/150097

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