International Journal of Advanced Multidisciplinary Research and Studies
Volume 2, Issue 6, 2022
Precautionary Principle of Notary in Making Covernote as Financing Banking Payment Basis
Author(s): Edhi Friadi, Teuku Ahmad Yani, M Gaussyah
Abstract:
According to Article 16 paragraph (1) letter a of Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning the Office of a Notary (UUJN), a notary in carrying out his duties and authorities must act in a trustful, honest, thorough, independent, taking sides and safeguarding the interests of parties involved in legal actions. This study aims to examine and analyze the notary's prudential principles in issuing covernotes, whether they have been carried out in accordance with UUJN regarding the disbursement of bank financing and to analyze how the form of notary's responsibility for covernotes issued for default by debtors. This research is included in empirical juridical research. By analyzing a law that applies to be used as a basis for solving problems. The results of this study explain that there are still notaries who have not been maximal in implementing the precautionary principle in issuing covernotes. In applying this precautionary principle, the notary must identify the identity of the appearer, carefully verify the subject and object data of the appearer, check documents with the relevant agencies, sign an authentic deed by the parties in front of the notary, and read the contents of the authentic deed to the appearer.
Keywords: Precautionary Principle, Covernote, Banking Payment
Pages: 978-982
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