Analisis Yuridis Pembuatan Akta Pengakuan Utang yang Dibuat oleh Notaris (Studi Putusan Mahkamah Agung No. 2956.K/Pdt/2013)

Abstract

A loan agreement authentically made by a notary is followed by the issuance of a deed of acknowledgement of debt which is also made authentically by the notary. When a debtor defaults to a creditor, according to the deed of acknowledgment of debt, a grosse (duplicate) deed can be issued; it is the first copy which has similar permanent legal force to a court ruling. The problems discussed are how the legal force of the deed of acknowledgement of debt made by a notary as authentic evidence for all parties in is when a dispute takes place at court, how the legal consequence of the deed of acknowledgement of debt made by a notary when a legal dispute takes place between the creditor and debtor at the court, and how the ground of the legal consideration of the Panel of Judges of the Supreme Court is in handing down the ruling to the lawsuit for annulment of deed of acknowledgment of debt made by a notary with an authentic deed in the ruling of the Supreme Court No. 2956.K/PDT/2013. This is a normative legal research which is done to the Civil Code i.e. the Third Book of Agreement Law especially the loan agreement as referred to in Article 1721 of the Civil Code. This research is descriptive analytical endeavoring to describe, explain and analyze the research problems; and to find out the appropriate solution. The results of the discussion find out that the legal force of the deed of acknowledgement of debt made by the notary with an authentic deed is a perfect evidence for all parties when a dispute takes place at the court. In addition, it also has binding legal force similar to the law for all parties who make it, so that it has to be complied with, obeyed and implemented as best they could with a good faith so that the loan agreement can be well implemented. The legal consequence of the issuance of the deed of acknowledgement of debt made by the notary against all parties when a dispute takes place at the court is that Defendant I HH and Defendant II DH have been bound in a loan agreement that have been acknowledge by both through an authentic notarial deed i.e. the deed of acknowledgment of debt. The ground of the consideration of the Panel of Judges in handing down the ruling to a lawsuit for annulment of the deed of acknowledgment of debt made by the notary with an authentic deed in the Ruling of the Supreme Court No. 2956.K/PDT/2013 is that the appeal filed by Defendant I HH and Defendant II DH do not have any good reason or any strong ground to be filed to the Supreme Court. However, the clauses in the deed of acknowledgment of debt made by the notary stipulating that interest/fine of lateness is 8% (eight percent) monthly is annulled by the panel of judges and is changed to be 2% (two percent) monthly because it violates the legal provision in the prevailing banking laws and regulations in which the interest of a loan should not exceed 2% (two percent) monthly.