PERLINDUNGAN HUKUM KREDITUR ATAS SURAT KETERANGAN NOTARIS/COVERNOTE TERHADAP PROSES PENCAIRAN KREDIT

Abstract

Problems in making a Covernote by a Notary in relation to credit disbursement and regarding the strength of the evidence if the disbursed credit is defaulted at a later date. This thesis research aims to analyze the responsibility of a notary in a notary's certificate/Covernote regarding the credit disbursement process. As well as creditor legal protection for a notary/Covernote statement regarding the credit disbursement process. The method used is the normative juridical research method by examining literature or secondary data alone, and by using the deductive thinking method, namely the way of thinking in drawing conclusions drawn then recommending suggestions. The theory used in this paper uses the theory of responsibility and the theory of legal protection. From the results of the study it was concluded that the legal responsibility of a notary in issuing a Covernote to issue a Covernote that he made does not have binding legal force in the Notary Office Act if a default debtor customer occurs. Covernote does not have binding and perfect legal force, so there must be legal protection for creditors. Collateral is a preventive means of legal protection. Because the collateral binding is not perfect, that Covernote can in fact be used as the basis for disbursing credit in a bank credit agreement with all elements, the principle of prudence, the existence of a credit agreement, the existence of collateral/collateral on credit, a sense of trust from the bank in disbursing credit because according to the bank complies with the provisions of the Law of the Republic of Indonesia Number 7 of 1992 concerning Banking. Creditor legal protection is based on the provisions of Articles 1131 and 1132 of the Civil Code. It is hoped that the Government will make laws and regulations related to Covernotes regarding the provisions of one article in regulations per law, especially the Notary Office Law. It is better for creditors/banks to pay attention to the principle of prudence in the process of granting credit by not using Covernotes as the basis for disbursing credit