Notary's Responsibility in Implementation Principles Of Caution When Verification of Ownership Documents for Fiduciary Guarantee Objects that are not Included in the Credit Agreement

Abstract

This study aims to determine and analyze the notary's responsibility in applying the principle of prudence when verifying ownership documents of fiduciary collateral objects that are not included in credit agreements. The type of research used in this thesis is normative legal research. The approach methods used are the Statutory, conceptual, and case approaches. The type of data used in this study is primary legal data, which includes the 1945 Constitution;Law of the Republic of Indonesia Number 2 of 2014; Law on Fiduciary Guarantees. Law on Banking, Criminal Code; Civil Code; Notary Code of Ethics, as well as secondary data containing books and other supporting documents. The data collection for this research was obtained through library research. The data analysis method used is prescriptive analysis, which provides arguments for the results studied. The results show that the responsibility of a notary if he ignores the principle of prudence can be in the form of civil, criminal, or administrative liability so that the application of the principle of prudence when carrying out credit agreements must be carried out carefully, precisely, thoroughly, and cautiously.