PENGGUNAAN COVERNOTE OLEH NOTARIS SEBAGAI JAMINAN PENCAIRAN KREDIT PADA LEMBAGA (Studi Kasus Putusan Mahkamah Agung Republik Indonesia Nomor: 181/PDT/2019/PT MKS)

Farid Haviz, Muhammad (2022) PENGGUNAAN COVERNOTE OLEH NOTARIS SEBAGAI JAMINAN PENCAIRAN KREDIT PADA LEMBAGA (Studi Kasus Putusan Mahkamah Agung Republik Indonesia Nomor: 181/PDT/2019/PT MKS). S2 thesis, UNIVERSITAS JAMBI.

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Abstract

Use of Covernotes by Notaries as Collateral for Credit Disbursement in Banking Institutions (Case Study of the Supreme Court of the Republic of Indonesia Number: 181/PDT/2019/PT MKS) ABSTRACT The purpose of this thesis research is to identify and analyze the use of covernotes as collateral for credit disbursement in banking institutions and to identify and analyze the responsibility of a Notary to the covernote as a guarantee for credit disbursement in banking institutions. The problem in this study is how to use the covernote as a guarantee for credit disbursement in banking institutions, and how is the responsibility of the Notary to the covernote as a guarantee for credit disbursement in banking institutions. This thesis uses a normative legal research type. Research results From the results of the study, it is known that the act of a Notary issuing a covernote can potentially become an unlawful act if the elements of an unlawful act are fulfilled. The act of issuing a covernote that is potentially against the law, apart from being seen from the point of view of propriety, can also be seen from the error of the Notary concerned. In terms of intentional means, it means that the covernote that is about to be issued is known to cause harm to other parties while negligence in this case the covernote issued is not known by the Notary will be able to cause potential Unlawful Acts, negligence in this case occurs due to the notary's carelessness. And the Notary who commits an unlawful act will be given a sanction. The sanction aimed at the Notary is part of the awareness that the Notary in carrying out his duties and positions has violated the provisions regarding the implementation of the Notary's duties. In addition, the imposition of sanctions on Notaries is also to protect the public from Notary actions that can harm the community. Related to the Supreme Court's Decision Number 181/PDT/2019/PT MKS regarding the Notary's responsibility for the covernote he made. Where the covernote that is published itself is not carried out in accordance with the contents of the covernote, the Notary will be given a Civil Sanction. Suggestions that can help change, it is hoped that the notary will give more importance to the precautionary principle in carrying out his duties and positions. So that unwanted problems do not occur in the future. Keywords: Covernote, Notary, Collateral, Credit Disbursement.

Type:	Thesis (S2)
Subjects:	L Education > L Education (General)
Divisions:	Pascasarjana > Ilmu Hukum
Depositing User:	Haviz
Date Deposited:	12 Dec 2022 07:59
Last Modified:	12 Dec 2022 07:59
URI:	https://repository.unja.ac.id/id/eprint/41609

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