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Journal : ADVANCED PRIVATE LEGAL INSIGHTS

Regulation of Covernotes by Notaries, Land Deed Making Officials (PPAT) Against Parties in Bank Credit Agreements Sofyan, Ananda Magvirah; Bima, Muhammad Rinaldy; Lestari, Sri
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 1 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

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Abstract

This study aims to analyze the legal consequences of the issuance of Covernote by Notary / PPAT on the parties to a banking credit agreement, identify potential legal problems due to delays or discrepancies in the documents promised in Covernote, and provide an understanding of the role and limitations of Covernote in banking practice as a supporting document for credit guarantees. The method used in this research is empirical juridical with a qualitative descriptive approach, where data is obtained through interviews with Notary / PPAT, banks, and debtors related to the issuance of Covernote, as well as through document studies and relevant laws and regulations. The results show that Covernote does not have binding legal force as a credit guarantee, but is often a reference in the process of disbursing funds by banks. The legal consequences can be in the form of default risk for the debtor if the documents promised in the Covernote cannot be fulfilled, as well as the potential legal responsibility for Notary / PPAT if there is negligence in its issuance. The implications of this research emphasize the need for caution in the issuance of Covernote so as not to cause legal problems for the parties. In addition, banks as creditors need to understand the limitations of Covernote in guaranteeing legal certainty over mortgage rights. The recommendations of this research emphasize the need for clearer regulations related to the issuance of Covernote by Notary/PPAT in order to provide legal protection for all parties involved in banking credit agreements.
Tinjauan Yuridis Terhadap Perwalian Anak Yatim Piatu yang Masih di Bawah Umur Fadilah, Aisyah; Bima, Muhammad Rinaldy; Asriati, Asriati
ADVANCED PRIVATE LEGAL INSIGHTS Vol. 1 No. 2 (2025): ADVANCES PRIVATE LEGAL INSIGHTS (APRIL)
Publisher : Faculty of Law, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/m52wbq07

Abstract

This study aims to analyze the guardianship of orphans who are still minors from the perspective of positive law in Indonesia. Orphans who have lost both parents need legal protection, especially in terms of guardianship arrangements that function to ensure the welfare and rights of the child. In this case, guardianship is an important aspect to provide a sense of security for children who need legal guidance, especially in determining who is responsible for fulfilling the child's living and educational needs. This study uses a normative research method, with an approach to relevant laws and regulations, as well as a literature study involving primary and secondary legal materials such as laws, literature, and related journals. This analysis also includes various regulations regarding child guardianship in Indonesian positive law, especially those regulating the status of orphans who have not reached adulthood. The results of the study show that in Indonesian positive law, guardianship of orphans is regulated in Law No. 23 of 2002 concerning Child Protection and Law No. 1 of 1974 concerning Marriage. The process of guardianship of orphans aims to provide custody to the person who is considered most worthy, either from the family or other parties who can provide the best protection for the child. However, in practice, there are still various obstacles, such as the lack of public understanding of the rights of orphans and weak supervision of the implementation of guardianship. Therefore, it is necessary to increase legal awareness in the community and strengthen the role of the state in supervising the guardianship of orphans.The recommendation from this study is to increase understanding of the guardianship rights of orphans and strengthen the implementation of legal protection for children, through education and closer cooperation between related institutions.