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All Journal Law Development Journal Sultan Agung Notary Law Review
Soegianto Soegianto
unissula
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Protection for Banks in Using Notary Covernotes in Credit Agreements That Cause Bad Loans Gatot Wahyu Utomo; Amin Purnawan; Soegianto Soegianto
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.4.2.532-542

Abstract

The purpose of this study is to analyze: 1) The role of the Notary in making the Covernote in the credit agreement. 2) Legal protection for Banks in the use of Notary Covernotes in credit agreements resulting in bad loans. The approach method used is a sociological juridical approach. The research specifications used are analytical descriptive. This type of data uses primary and secondary data obtained through interviews and literature studies. The data analysis method used is descriptive qualitative. The results of the study concluded: 1) The role of the Notary in making Covernotes on credit agreements in Pangkal Pinang City is not based on statutory regulations. Because neither the UUJN nor the Banking Law regulates the covernote. But here the Notary makes a covernote because he is a partner of the Bank. Because the covernote is not regulated in the Law on Notary Positions (UUJN), then the consequences caused by the covernote apply general legal provisions. Notaries can be sentenced to criminal, if it can be proven in court. 2) Legal protection for banks in the use of notary covernotes in credit agreements is not guaranteed by law. Because the guarantee binding is not perfect. Banks in order to secure and ensure the return of loans given to debtor customers will always ask for guarantees. Guarantee is a means of preventive legal protection. Banks as creditors even use covernotes as the basis for credit disbursement, but still receive repressive protection, based on Articles 1131 and 1132 of the Civil Code.
The Urgency of Updating Auction Law Policy in Indonesia to Improve the Effectiveness of Law Enforcement and the Protection of Community Rights Soegianto Soegianto
Law Development Journal Vol 8, No 1 (2026): March 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.1.257-270

Abstract

Auction law policy in Indonesia plays a strategic role as a law enforcement instrument, particularly in the execution of court decisions and the settlement of civil obligations. However, in practice, various dynamics and problems still hamper its effective implementation. This study aims to analyze the urgency of reforming auction law policy in Indonesia to improve the effectiveness of law enforcement and strengthen the protection of public rights. The research method used is normative juridical with a statutory and conceptual approach. The results show that the dynamics of auction law policy in Indonesia are characterized by regulatory asymmetry, weak transparency, and the emergence of post-auction disputes that are detrimental to the parties. Furthermore, the development of electronic-based auctions has not been fully supported by a comprehensive legal framework, thus creating potential legal uncertainty. From the perspective of law enforcement effectiveness, reforming auction law policy is a necessity to create a simpler, more transparent, and more accountable system. This reform also needs to be directed at strengthening institutions and optimizing the use of information technology in the auction process. The implications of reforming auction law policy not only impact the effectiveness of law enforcement but also on the protection of public rights more broadly. Adaptive and responsive policies will ensure legal certainty for debtors, creditors, and auction participants, as well as provide access to justice for injured parties. Therefore, updating auction legal policy in Indonesia is a strategic step in realizing a legal system that is just, transparent, and oriented toward protecting public rights.
Co-Authors Amin Purnawan Gatot Wahyu Utomo