Kedudukan Hukum Notaris Terhadap Gugatan Wanprestasi para Pihak pada Perjanjian Kredit

Abstract

A Notary is a public official who carries out and performs a part of the government’s authority; He has tasks, liability, and authority which have to be carried out well and correctly. A Notary’s liability on drawing up authentic deeds in a credit contract is only concerned with its authentic deed based on Article 38 of UUJN (the Notarial Act) No. 30/2004 in conjunction with UUJN No. 2/2014 which should fulfill that regulation, and it does not violate against criminal law in Article 266 of the Criminal Code by instilling false information in an authentic deed. The research problems are how about the legal domicile of a Notary for a credit contract he has made, how about his liability for a credit contract he has made in which the conflicting parties make litigation since one of them defaults, and why a Notary become a defendant in the case of credit contract. The research used juridical normative on the Civil Code, Book Three, on Contract Law, especially credit contract. Law No. 7/1992 in conjunction with Law No. 10/1998 on Banking, UUJN No. 30/2004 in conjunction with UUJN No. 2/2014, Regulation of OJK No. 1/POJK.72013 on Consumer Protection for Consumers in Financial Sector and Circle Letter of OJK No. 13/SEOJK.07/2014 on Standard Agreement. The research used descriptive analytic method by describing, explaining, and analyzing the research problems and finding correct answers as the solution of the problems. The result of the research show that legal domicile of a Notary in drawing up a credit contract is acting as an independent party since he does not involve in it. As a public official, he is impartial (neutral) in the making a credit contract by using notarial deed. A Notary does not have legal liability for authentic deed in credit contract in which one of the parties defaults as long as there is no mistake in the procedure of drawing up the authentic deed stipulated in UUJN No. 30/2004 in conjunction with Article 266 of the Penal Code. The legal act of the litigants who make the Notary as the defendant in making credit contract using authentic deed is wrong since the notary is not the person appearing in making the credit contract