Nature Of Notary Covernote In The Framework Of Loan Ownership In The Banking Environment

Mastiningrum, Erna (2021) Nature Of Notary Covernote In The Framework Of Loan Ownership In The Banking Environment. Doctoral thesis, Universitas 17 Agustus 1945 Surabaya.

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Abstract

Covernote was born from the practice of banking credit agreements, which were made by a notary, containing information that the certificate of mortgage is still in the process of being issued. However, the publication of this covernote is not based on the legal authority regulated in UUJN. Covemote is not an authentic deed, so it cannot be used as evidence and basis for execution of objects that are burdened with mortgages. If the debtor is in default, the Bank cannot execute collateral objects, so the Bank as the creditor will experience a loss. However, in practice covemote is a necessity, because covemote can be used as a basis for bank credit disbursement, while the content is only information from a notary public which cannot be used as legal evidence. The problems in this research consist of: 1) the authority of the notary in publishing covemote; and 2) covemote function in bank credit disbursement. This type of research is normative research with a statutory approach, a philosophical approach, and a conceptual approach, and uses primary and secondary legal materials. The theory used as an analysis knife is the theory of authority, the theory of legal certainty and the theory of legal protection, as well as several legal concepts The results of the problem analysis can be stated as follows; covemote issuance is not the authority of the Notary as a General Officer. Making a covemote by a Notary is only based on the habits and beliefs of the banking institution on the Notary's statement. The function of the covemote is as one of the conditions for disbursing Home Ormership lroans in the banking environment so that credit can be immediately disbursed for the benefit of the debtor, especially related to mortgages, credit difousement is used to finance the construction of houses by the debtor.

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