Notary Role in Implementing the Credit Agreement and Process of Binding Liability

Dian Oktavian Anggraeni, Sukarmi Sukarmi

Abstract


The objectives of this research are: 1) To determine the role of the Notary in implementing the credit agreement and binding Mortgage Rights, 2) To find out the obstacles faced by the Notary in implementing the credit agreement and binding the Mortgage, 3) To find out the solutions provided by the Notary in implementing the credit agreement and binding Mortgage Rights. The data used in this study are primary and secondary data collection, which can support the assessment, which is then analyzed using a sociological approach. Based on the research results concluded that: 1) The role of the Notary in the implementation and process of binding Mortgage Rights lies in his responsibility. Namely the responsibility for the credit agreement deed made by him and the legal protection of the parties involved in the deed if there is a dispute between the parties in the future, then that becomes a reference for the authorized legal official., 2) Constraints faced by the Notary such as the inability of the parties, the difficulty of the parties in completing the terms of the credit agreement and bonding of Mortgage Rights, the registration process of Mortgage Rights at BPN which is too long, 3) The solution provided by the Notary is to reschedule the implementation of the credit agreement or authorize another party if unable to attend, complete the requirements credit agreement and bonding of Mortgage Rights by asking for help from a Notary partner, charging fees to the Customer to speed up the registration process at BPN

Keywords


Credit, Agreement, Liability

Full Text:

PDF

References


Journals:

Chusna, Amalia., & Hafidz, Jawade. (2019). The Role of the Notary in the Credit Agreement with Mortgage Guarantee (Case Study in the Bank Tabungan Negara (Persero) Tbk). JURNAL AKTA: Vol. 6, No. 4, 719-726. Retrieved from http://jurnal.unissula.ac.id/index.php/akta/article/view/7668

Rizka Maulinda, Dahlan, M. Nur Rasyid, Perlindungan Hukum bagi Pekerja Kontrak Waktu Tertentu dalam Perjanjian Kerja pada PT. IU Kanun, Jurnal Ilmu Hukum, Vol. 18, No. 3, (Desember, 2016)

Books:

Soemitro, Hanitijo Roni .1990. Metodologi Penelitian Hukum dan Jurimetri.Jakarta:Ghalia Indonesia

Habib Adjie (a). (2009). Hukum Notaris Indonesia Tafsir Tematik Terhadap UU No. 30 tahun 2004 Tentang Jabatan Notaris. Bandung: Refika Aditama

Soerjono Soekanto (a). (1999). Beberapa Permasalahan Hukum dalam Kerangka Pembangunan di Indonesia (suatu tinjauan secara sosiologis), 4 Printing, Jakarta, Universitas Indonesia

Internet:

Aristotle, in Aristotle's Theory or Concept of Justice, http://www.siswamaster.com/2016/01/teori-keadilan-menurut-aristoteles-dan-contoh.html, accessed on 29 November 2018.

Interview:

Interview was conducted on January 15, 2020 with Mrs. Anita Kurniawati SH, M.Kn, Notary-PPAT Sleman Regency

Interview was conducted on January 10, 2020 with Sutardi, Head of the BRI KCP Magawuharjo Sub-Branch, Sleman Regency




DOI: http://dx.doi.org/10.30659/sanlar.2.3.196-208

Refbacks

  • There are currently no refbacks.


Sultan Agung Notary Law Review has been indexed in:

Image Image Image Image Image