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Rakhmat Bowo Suharto
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Position of Notary Covernote on Credit Agreement When Bad Credit Occurs Adi Yusman; Widhi Handoko; Rakhmat Bowo Suharto
Sultan Agung Notary Law Review Vol 4, No 2 (2022): June 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.2.433-445

Abstract

The purpose of this study is to analyze: 1) The legal position of a notary covernote in a credit agreement in the event of bad credit at Bank Rakyat Indonesia Pangkal Pinang. 2). The process of settling bad loans in a credit agreement based on a notary covernote at Bank Rakyat Indonesia Pangkal Pinang. The approach method used in this study is an empirical juridical approach. The research specification used is descriptive analytical research. This type of data uses primary data and secondary data with library research and interview collection methods. The data analysis method used in this research is descriptive analysis. The results of the study concluded: 1) The legal position of a notary covernote in a credit agreement in the event of bad credit at Bank Rakyat Indonesia Pangkal Pinang is that the covernote is used as the basis for credit disbursement. Notary covernotes should not be used as the basis for credit disbursement, because basically covernotes are only temporary guarantees. A covernote made by a notary is usually only a statement that the certification process is still ongoing. Covernote does not have a legal umbrella because it is not regulated in laws and regulations, both the Banking Law and UUJN, so that the consequences that will then be caused by the existence of this covernote apply legal provisions both criminally and civilly. 2). The process of settling bad loans in a credit agreement based on a notary covernote at Bank Rakyat Indonesia Pangkal Pinang is completed through litigation/lawsuits to court. Notary G was proven to have committed a criminal act of corruption together and was detrimental to the state. In the decision of the Notary Court, they must be criminally responsible and fined. The use of a notary covernote in a credit agreement is basically not prohibited and is possible under the Banking Law and the Mortgage Law. In the event of non-performing loans before the issuance of mortgage rights, the bank only serves as a concurrent creditor. Legal protection for banks is based on Articles 1131 and 1132 of the Civil Code. In the event of non-performing loans before the issuance of mortgage rights, the bank only serves as a concurrent creditor. Legal protection for banks is based on Articles 1131 and 1132 of the Civil Code.
The Law Enforcement Analysis of Violations of the Notary Code of Ethics Eva Zuliana; Umar Ma'ruf; Rakhmat Bowo Suharto
Sultan Agung Notary Law Review Vol 4, No 3 (2022): September 2022
Publisher : Program Studi Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam SUltan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/sanlar.4.3.728-734

Abstract

The law enforcement is an effort to implement the code of ethics of a notary as it should be, supervise its implementation so that there is no violation, and if there is a violation, restore the violated code of ethics so that it is re-enforced. Notaries in carrying out their duties and positions are not closed to the possibility of committing violations. This study aims to find out and analyze the enforcement of the code of ethics for notaries who have committed violations, and what are the obstacles to the Notary Honorary Council in imposing sanctions on the code of ethics for notaries who commit violations. Based on research results shown the law enforcement of the code of ethics for notaries who commit violations is that the Honorary Council makes summons, gives warnings to notaries who commit violations, and holds hearings to examine suspected violations of the code of ethics. The obstacles of the Notary Honorary Council in enforcing the code of ethics are the limited number of members of the Notary Honorary Council so that they cannot carry out their duties optimally if one of them cannot attend, and there is a feeling of reluctance to fellow professionals to reprimand or impose sanctions.
Co-Authors Adi Yusman Eva Zuliana Umar Ma'ruf Widhi Handoko