PRINSIP KEHATI�HATIAN NOTARIS/PPAT DALAM PRAKTIK PENERBITAN COVERNOTE PADA SAAT REALISASI KREDIT

This research on the principle of prudence on the part of the Notary/ PPAT in the practice of issuing Covernotes, is intended to identify the extent to which this process is needed. Research was conducted with empirical juridical approach with examines the implementation of legal provisions in the p...

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Bibliographic Details
Main Authors: , Slamet Sumardi, , Prof. Dr. Marsudi Triatmodjo, S.H., LL.M.
Format: Thesis
Published: [Yogyakarta] : Universitas Gadjah Mada 2011
Subjects:
ETD
Description
Summary:This research on the principle of prudence on the part of the Notary/ PPAT in the practice of issuing Covernotes, is intended to identify the extent to which this process is needed. Research was conducted with empirical juridical approach with examines the implementation of legal provisions in the practice of publishing covernote by Notary/PPAT. Research carried out by library research to obtain secondary data. In addition secondary data, field research was also conducted to obtain primary data to support secondary data. The result of the research showed the importance of the implementation of the principle of prudence in issuing covernotes by the Notary/PPAT. This is because the bank/creditor causes the Notary/PPAT to issue the Covernotes as a final requirement in granting credit and it becomes a confirmation that the loan given is guaranteed, even though its formal imposition judicially has not been implemented or is still in process. Problems that arise are in the form of carelessness and lack of professionalism on the part of the Notary/PPAT in dealing with the credit process. This is due to a strong feeling of pressure from banks/ creditors to have Covernotes issued immediately and the Notary/PPAT often rushes to give good service to banks/creditors due to the fear of losing their clients, which affects the Notary/PPAT in using their logic, forgetting that their existence is needed by banks/ creditors. The result of not implementing meticulousness in issuing Covernotes might put the banks/creditors at risk of loss in their business, leading to bad consequences in the matter of accountability in criminal law, civil law or organization sanction.