AKIBAT HUKUM PENCAIRAN KREDIT YANG DIDASARKAN PADA COVERNOTE YANG BERDAMPAK MENIMBULKAN KERUGIAN KEUANGAN NEGARA (Studi Putusan Nomor 1233 K/Pid.Sus/2019)

Fenny, Allisha Feonda (2024) AKIBAT HUKUM PENCAIRAN KREDIT YANG DIDASARKAN PADA COVERNOTE YANG BERDAMPAK MENIMBULKAN KERUGIAN KEUANGAN NEGARA (Studi Putusan Nomor 1233 K/Pid.Sus/2019). Masters thesis, Universitas Andalas.

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Abstract

A covernote is a certificate given by a Notary stating that a Deed of credit agreement or other Deed has been signed before a Notary and the Deed number and date of the Deed have been given, but the guarantee has not been completed. In a covernote or statement letter, the Notary usually gives a time period to take care of something. This is often the case where Notaries are found guilty because there is a failure in their covernote. As in the case that occurred in this research, a Notary was charged with a criminal act of corruption for his participation due to the publication of a covernote which failed to process the extension of the HGB, so that the ownership of the guarantee was transferred to the state. Based on this, researchers are interested in conducting further research by analyzing: 1) Legal consequences for Notaries and covernotes issued regarding bank credit disbursement 2) Judges' considerations regarding Decision Number 112/Pid.Sus.TPK/2017/PN.Mks and Decision Number 49/Pid.Sus.Tpk regarding Notaries in making covernotes as a basis for credit disbursement. This research is descriptive analytical in nature using a comparative approach to judge decisions using a case approach. Using primary data as the main material. Based on research conducted, it was found that: The legal consequences for Notaries and covernotes issued by Notaries regarding credit disbursement are that Notaries can be held responsible criminally, civilly and ethically. The judge's consideration of Decision Number 112/Pid.Sus.TPK/2017/PN.Mks was that he sentenced the Notary to two years in prison, whereas in the appeal decision Number 49/Pid.Sus.Tpk the judge had a different opinion and decided that the Notary had not guilty

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