ASPEK HUKUM PEMBUATAN KONTRAK BAKU AKTA PERJANJIAN KREDIT BANK OLEH NOTARIS DI KOTA YOGYAKARTA
| Main Authors: | , I KADEK HADI PARWATA, , Pitaya, S.H., M.Hum |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/122624/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=62730 |
Daftar Isi:
- The aim of this research is among others: to determine the application of the principle of balance in making of standard contract from deed of notarized credit agreement of bank by a notary that is associated with the authority and obligation of the notary position, to know things into consideration of notary in making standard contract from deed of notarized credit agreement of bank that is suspected to cause bargaining position which is more profitable to the bank, to find out the legal protection for bank customers who are in a weak position because of making of the standard contract from deed of notarized credit agreement of bank that is not balanced. This thesis is a research of normative empirical law with charateristic of descriptive analytical research. The research location is in Yogyakarta. The technique of taking sample in this research is done by using technique of non-probability sampling that uses purposive sampling or judgemental sampling. The subject of research are notary which fill the criteria of this research and informant from academician. The analysis of this research is a qualitative analysis. There are three results of research which are conducted in this thesis, among others: first, the position of notary is not a party in deed of credit agreement. Notary is in a free position, independent, neutral in the sense that does not favor of one party. Making of deed referred to is purely party acte. Thus, implementing authority and obligation which attach to the position of the notary profession become a form of notarial action to provide an overview that notary has implemented the principle of balance for the parties in making of deed of credit agreement. Second, things which become consideration of notary in making of standard contract from deed of bank credit agreement which is suspected to cause bargaining position which is more profitable to the bank, among others: on the basis of sociological and juridical considerations, becomes notary obligation to provide services to the public, as well as the opening of the space or opportunity to negotiate between two parties. Third, in general there are two forms of legal protection of bank customers who are in weak position because of making of standard contract of deed of notarized credit agreement of bank that is not balanced are it has preventive and repressive protections,