LEGALISASI PERJANJIAN KREDIT OLEH NOTARIS YANG BERBEDA DENGAN NOTARIS PEMBUAT COVERNOTE, STUDI PADA KREDIT PEMILIKAN RUMAH (KPR) SUBSIDI DI KABUPATEN BANYUASIN

OKTAFIAN SYAHPUTRA, BONNY and Ridwan, Ridwan and Syarifudin, Achmad (2019) LEGALISASI PERJANJIAN KREDIT OLEH NOTARIS YANG BERBEDA DENGAN NOTARIS PEMBUAT COVERNOTE, STUDI PADA KREDIT PEMILIKAN RUMAH (KPR) SUBSIDI DI KABUPATEN BANYUASIN. Master thesis, Sriwijaya University.

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Abstract

The position of Notary is actually an important part of the governance of the Unitary State of the Republic of Indonesia which adheres to the principle of the rule of law and has been stated in the 1945 Constitution Article 1 (one) paragraph 3 (three). A Notary has the authority to make authentic deeds. Among the authentic deeds, the Notary also has the authority regulated in Article 15 paragraph (2) of Law Number 30 of 2004 concerning Notary Position as which has been amended by Act number 2 of 2014, hereinafter referred to as Notary Position Law, one of which regulates legalization or endorsement. In agreements, especially credit agreements in the banking world, in practice in addition to making authentic deeds and other authorities set in Article 15 of the Notary's position Act, Notaries also often issue letters in the form of "Covernote" or closing notes. The reason the Notary often issues Covernote is because the Notary has not completed his work in relation to his duties and authority to issue authentic deeds. the purpose of the issuance of the covernote is to streamline bank credit disbursement. And in practice it was found that the notary who issued the covernote which was a "guarantee" for the bank to process its credit agreement, was not involved in making the credit agreement in other words the bank had appointed a different notary from the original covernote maker. With the quantitative descriptive method the author discusses the authority to appoint a notary in terms of making a subsidized housing loan agreement (KPR). From the results of these activities the author draws the first conclusion; that in the appointment of a Notary, each party may appoint a Notary to be asked for help in his assignment as a Notary, based on an agreement between the parties. Second; according to the authors consider the bank to appoint a different notary in the process of making a credit agreement, due to the reason for the smooth banking process at the bank. Advice; so that there is no imbalance of authority in the appointment of a Notary by the bank, if the management of the Indonesian Notary Association must be more strict in supervising the Notary who is a bank partner Notary so that the neutrality of the Notary Public is maintained.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Home Ownership Loan Agreement; Legalization; Covernote
Subjects:	K Law > K Law (General) > K(175) Congresses
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Users 910 not found.
Date Deposited:	12 Aug 2019 05:13
Last Modified:	12 Aug 2019 05:13
URI:	http://repository.unsri.ac.id/id/eprint/2681

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