Abstract:
ABSTRACT
This research is motivated by the practice of using a notary's cover note as the basis for disbursing Home Ownership Loan (KPR) financing at PT Bank Tabungan Negara (BTN), Tasikmalaya Branch. A cover note is a statement letter issued by a notary to explain that the process of finalizing documents or securing collateral is still underway. However, the existence of the cover note is not explicitly regulated in the Law on the Office of Notary, thereby raising issues regarding its legal force and the notary's liability in issuing it. Article 15 paragraph (1) of Law Number 2 of 2014 concerning the Office of Notary stipulates that a notary has the authority to draw up authentic deeds; conversely, a cover note is neither an authentic deed nor a legal product that falls expressly within a notary's authority.
The research employs a descriptive-analytical method with a normative-juridical approach, supported by empirical data. Data collection techniques involved a literature review and fieldwork in the form of interviews with bank representatives and notaries.
The research results indicate that the status and legal force of a cover note in the KPR disbursement process at PT Bank Tabungan Negara, Tasikmalaya Branch, are merely those of a statement letter or a private document (*surat di bawah tangan*) created by a notary to explain the status of collateral document finalization. As a cover note is not an authentic deed, it does not possess the conclusive evidentiary value associated with a notarial deed. The issuance of a cover note by a notary does not fall within the scope of authority stipulated in Article 15 paragraph (1) of the Law on the Office of Notary, as that authority pertains solely to the creation of authentic deeds. Rather, the cover note constitutes a form of administrative service that has evolved to meet the practical needs of the banking sector. From a legal standpoint, the use of a cover note as a basis for KPR disbursement lacks a firm legal foundation within the Law on the Office of Notary. Its existence relies merely on custom and a relationship of trust between the bank and the notary, and thus, it fails to provide optimal legal certainty for the parties involved. Obstacles regarding the use of cover notes include the absence of a clear legal basis, delays in finalizing collateral documentation, the risk of a bank losing its preferential rights due to the failure to register the *Hak Tanggungan* (security interest in land) in the event of loan default, and limited oversight regarding the issuance and use of cover notes. These obstacles indicate that the use of cover notes continues to pose legal risks for banks, debtors, and notaries alike.
Keywords: Notary cover note, Home Ownership Loan, PT Bank Tabungan Negara, Notary authority, Legal certainty.
