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.
|