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TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA DAN KAITANNYA DENGAN KREDIT FIKTIF

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ABSTRACT Notaries in providing assistance or services to banks in practice can commit negligence that can result in losses to the bank. Negligence committed by a notary, among others, can occur in the binding of collateral in a credit agreement. The purpose of this research is to analyze the process related to the notary over the occurrence of fictitious credit between the creditor and debtor and analyze the responsibility of the notary in relation to fictitious credit. This research uses normative research methods, using primary, secondary, and tertiary legal materials, and using a legislative approach. The results of this study indicate that the process related to the notary for the occurrence of fictitious credit between the creditor and the debtor begins with the involvement of the notary in making a certificate (Covernote) which is used by the debtor as a substitute for the original collateral letters in the form of SHM and HGU which should prevent bank credit from being disbursed, because the basis for making a covernote is SKT. However, the SKT given by the debtor to the Notary is not in the name of the debtor, this is where the notary needs to be careful in making a deed, which causes the notary to be responsible for his actions. The notary's responsibility in relation to fictitious credit is that he is responsible for his actions that have harmed creditors because he issued a covernote whose contents contain untrue statements or information. So that according to the Supreme Court's decision because of his actions, the Notary is subject to a criminal sanction of one year and two months in accordance with the Corruption Eradication Law.

Availability
Inventory Code Barcode Call Number Location Status
2407004288T150097T1500972024Central Library (Reference)Available but not for loan - Not for Loan
Detail Information
Series Title
-
Call Number
T1500972024
Publisher
Indralaya : Prodi Magister Kenotariatan, Fakultas Hukum Universitas Sriwijaya.,
Collation
xi, 83 hlm.; ilus.; 29 cm
Language
Indonesia
ISBN/ISSN
-
Classification
347.598 016 07
Content Type
Text
Media Type
unmediated
Carrier Type
-
Edition
-
Subject(s)
Pembuatan Akta
Prodi Magister Kenotarisan
Specific Detail Info
-
Statement of Responsibility
Other version/related
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