| dc.description.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 | en_US |
