The Legal Strength of Covernote and Notary Responsibility for The Making of a Covernote as a Legal Product Not Regulated by Notary Laws

Abstract

Public life requires legal certainty, including in the public service sector which is currently growing along with the increasing needs of the community itself for the existence of a service, the legal basis for Covernote is also not regulated in legislation either in Law Number 2 of 2014 on Amendment Law Number 30 of 2004 concerning Notary Position, Government Regulation Number 24 of 2014 concerning Regulation of the Position of Land Deed Making Officials, as well as Law Number 4 of 1996 concerning Mortgage Rights and Law Number 10 of 1998 concerning Banking.

The results showed that the Covernote issued by the notary had no legal force as ambtelijke acte. So that covernote does not have legal binding power and does not have perfect evidentiary power. The notary is fully responsible for the covernote issued, both civil and criminal liability. And due to the law of the Notary, the covernote that was issued is not fulfilled, the Notary can be prosecuted both civil and criminal. In Civil Law, if the covernote results in losses for the parties due to the negligence of the Notary in accordance with the provisions of Article 1366 of the Civil Code and 1367 of the Civil Code, while criminally if proven to have participated in providing false information regarding the contents of the covernote, in accordance with the provisions of Article 263 (1) of the Criminal Code,

Keywords: Legal Force, Notary, Covernote