Juridical Analysis of Notary Liability on Cessie’s Deed in Problem Loan Settlement (Research Study At Notary Office Of John Kelana Putra)

Notarial Law

A notary is a public official who has the authority to make and be responsible for legal actions as stipulated in the legislation. A cessie deed is a deed that can be made by a notary at the request of the parties concerned. Cessie is one of the alternatives in the settlement of non-performing loans resulting from the actions of a credit agreement. With the cessie deed, there is also a transfer of rights to receivables or receivables in the name and their rights to new creditors. In making a cessie deed, the role and responsibility of a notary is very much needed in carrying out his position in order to realize legal certainty. The research method uses sociological normative juridical. The results of the research on related titles explain that the importance of the duties, responsibilities and roles of a notary as an official who has the authority to make an authentic deed, because a notary is the hope of the community in implementing legal certainty and protection for the community must be preventive or prevent the occurrence of legal problems that are likely to occur. at a later time. Therefore, the Notary has a great influence in the creation of a legal deed in the eyes of the law. Therefore, Law No. 2 of 2014 concerning Notary Positions and the Notary Code of Ethics was born to serve as a guide for every notary in carrying out his main roles, responsibilities and duties as public officials as regulated in the legislation. A notary applies the precautionary principle in knowing the parties because of the legal consequences if the notary does not apply the principle, the notary will be held accountable both administratively, civilly and criminally.

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