AKTA PERJANJIAN KREDIT TIDAK DITANDATANGANI DI HADAPAN NOTARIS

DWINANDA, M. RIZKY and Y., Annalisa and Elmadiantini, Elmadiantini (2025) AKTA PERJANJIAN KREDIT TIDAK DITANDATANGANI DI HADAPAN NOTARIS. Masters thesis, Sriwijaya University.

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Abstract

In practice,it is still common for credit agreement deeds to be signed without being done before a Notary, which is clearly contrary to the Law. The purpose of this study was to analyze the obligations of the parties to sign a credit agreement deed before a Notary. To find out the legal protection for creditors ig the agreement is not signed before a Notary. In addition, to analyze the legal sanctions for Notaries who do not sign before a Notary. This study uses a normative legal research method with secondary legal sources collected through literature studies of books and Laws. The result of the study showed that signing after reading the deed in front of the person appearing and attended by at least two witnesses or four special witnesses in the formation of a private will deed must be done before a Notary, if this obligation is not carried out, so the position of the credit agreement deed is degraded from an authentic deed to a private deed that does not have legal force and perfect evidentiary power because signing the deed before a Notary is a requirement for the authenticity of a deed and is an obligation of the Notary. If the deed is not signed before a Notary, so that the form of legal protection for creditors is weak because the deed is not an authentic deed but a private deed. The sanctions given a Notary are in the form of administrative sanctions in the form of verbal and written warnings imposed by the MPW, and receive a temporary suspension sanction of 3 months to 6 months imposed by the MPP, and can even be dismissed with a honor on the proposal of the MPP to the Minister. So the conclusion of this study is that a deed that is not signed before a Notary causes in the deed does not having legal force as an authentic deed and is degraded only as a private deed, as a result, legal protection for creditors becomes weak and if at any time a dispute occurs which is determined by the Court, the Notary is given administrative sanctions in enforcing the Law to the Notary who is the supervisory instrument, namely the Supervisory Board.

Item Type:	Thesis (Masters)
Uncontrolled Keywords:	Akta Otentik Perjanjian Kredit, Degradasi Akta, Penandatangan Akta, Sanksi Hukum Notaris
Subjects:	K Law > K Law (General) > K1094-1096 Loan of money K Law > K Law (General) > K7265-7305 Contracts
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	M. Rizky Dwinanda
Date Deposited:	08 May 2025 07:21
Last Modified:	08 May 2025 07:21
URI:	http://repository.unsri.ac.id/id/eprint/171837

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