Peran Notaris Dalam Memenuhi Aspek Kepastian dan Perlindungan Hukum Terhadap Pemberian Kredit Perbankan

Abstract

This study aims to determine, analyze, and explain the role of Notaries in fulfilling the legal certainty aspect of bank credit provision. The research method is empirical law which is based on the idea that law is inseparable from the life of society in the form of values and attitudes/behaviors carried out (non-autonomous law), so that the study of law does not only concern the normative aspect, but law can be studied from its empirical aspect, namely how the law is in reality in the life of society. The results of this study reveal that the role of notaries in fulfilling the legal certainty aspect of bank credit provision is only that the reading and signing are not carried out at the Notary's domicile according to his position. A credit agreement made with a notary will provide 3 (three) evidentiary powers, namely having external evidentiary power, formal evidentiary power and material evidentiary power. Therefore, the government needs to immediately create a Banking Credit Agreement Law in order to create the same perception in the credit provision process and various regulations of its threat actors. Thus, it is hoped that legal certainty will be created in the credit provision process through banks.