Responsibilities of a Notary in Making a Deed of Power of Attorney to Sell in a Debt and Receivable Agreement

Abstract

In the debt and receivable agreement, a Power of Sale is usually also created, which sometimes gives rise to legal problems. This research aims to analyze the validity of the notarial power of attorney deed used as collateral for debts and receivables, as well as examine the civil responsibility of the Notary for the power of attorney deed made before him. The research method is normative juridical, which is analyzed qualitatively with deductive logic. The type of data used is secondary data. The results of this research are: first, The sale of collateral objects by creditors themselves can be carried out as long as the provisions of Article 20 paragraph (2) UUHT are met. selling the object of collateral rights, this agreement between the creditor and the debtor is an agreement agreed upon after a default by the debtor. In the event that the power of attorney deed that has been prepared by the creditor is signed simultaneously at the time of signing the credit agreement between the creditor and the debtor, then the power of sale deed is contrary to Articles 6 and 20 UUHT, so that such power of sale deed does not legally have any legal standing. Second, the Notary's responsibility for the deed of power of sale in a debt and receivable agreement made before him can be borne by the Notary if the error comes from the Notary, for example in the case that the author examined where Notary SN, in making the deed of power of sale, committed an unlawful act because he directed the debtor to sign the deed. which is still blank without explaining the purpose of the deed. So then the debtor is disadvantaged by the existence of the power of attorney deed, because by using the power of attorney deed, the creditor secretly transfers the debtor's collateral to a third party at a very low price, even though the debtor is not in default. In this case Notary SN can be burdened with civil liability, namely Unlawful Actions Article 1365 of the Civil Code.