| Summary: | This research aims to determine the notary� s roles in issuing act relating to
over credit for home ownership at the Bank Rakyat Indonesia Branch of
Surakarta, the notary�s accountability in the event of default, and the legal
consequences caused by the over credit for home ownership in Surakarta .
This is a juridical empirical study. And this study has field research
conducted to obtain primary data in the field of law, supported by interviewing
competent persons to collect secondary data. Then, the data is analyzed
qualitatively and described descriptively.
Notary is an officer in charge of issuing authentic act. And notary also has
authority to do so. The act will be the most perfect evidence. That is why it must
be issued under the prevailing regulations. In credit, the notary may not refuse to
issue the necessary act, unless there are fundamental reasons. In making process
of act of agreement on the over credit for home ownership, notary must, however,
pay attention to the prevailing rules and norms. In the process of over credit for
home ownership, notary plays some important roles such as act of sale and
purchase, letter of credit payment authorization and powers of attorney to take the
certificate. These act will be the basis for settlement in the event of default. The
legal consequences of the over credit agreement not only transfer the debt from
the old to new debtors but also transfer the house as collateral in which it still
exists as the collateralmortgage lender.
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