Criminal Liability by Notaries for Issuing Covernotes that Result in State Financial Losses

Abstract

This study aims to analyze: 1)Criminal Liability by Notaries for the Issuance of Covernotes that Result in State Financial Losses 2) Considerations of Judges in Supreme Court Decision Number 4242 K/Pid.Sus/2023. 3) Example of a Credit Agreement Deed This type of research falls within the scope of normative legal research. The approach method used in this research is the statutory approach (statue approach), Conceptual Approach and using Case Studies approach. The type of data uses secondary data obtained through literature study. The data analysis method used in this study is prescriptive. The research results concluded: 1).Criminal Liability by Notary for the issuance of Covernote which resulted in State Financial Loss. Notary can be punished, this is because he has issued a Covernote that is not in accordance with the truth. Covernote is not an authentic Deed, only a closing statement whose contents explain that the file or Collateral is in process and will be completed within a certain period of time. However, in this case the Notary is punished with the crime of Corruption because as a result of the Issuance of the covernote the Creditor Suffered a Loss of Rp. 22,650,000,000,- (twenty two billion six hundred and fifty million rupiah) this is because of the incorrect information in the covernote, and in fact the Notary knows the function of the covernote is requested by the Bank, therefore the notary is sentenced to imprisonment for 4 years and a fine of Rp. 200,000,000,- (two hundred million rupiah)) 2). Considerations of the Judge in Supreme Court Decision Number 4242 K/Pid.Sus/2023. Based onThe Judge's consideration of the defendant in criminal because it has a significant role, because without the Covernote the credit cannot be disbursed, the Judge's consideration is actually contrary to the Principle of Legality "An act can be punished except by the power of criminal regulations in existing legislation, before the act was committed, basically the Covernote itself is not regulated in the Notary Law,Therefore, it is not appropriate for a notary to be punished because of a certificate which is only an administrative requirement from banking, the contents of which are a promise to complete the work.