Binding Legal Force Research Articles

ANALISIS PENGARUH PUTUSAN HAKIM KONSTITUSI TERHADAP PUTUSAN MAHKAMAH KONSTITUSI No. 90/PUU-XXI/2023

The constitution states that the Indonesian state is a rule of law enforced by the government under the mandate of paragraph 4 of the preamble to the 1945 NRI constitution, which states that its duty is to protect the entire Indonesian people and the bloodshed of all. Indonesia. manifestation of the fifth commandment and "Social justice for all Indonesians" and ". Which establishes the Constitutional Court as the supervisor of the Constitution and also as the exerciser of judicial power. If there is a law whose content contradicts the Constitution. , the court can cancel the existence of the law or in whole or in part declaring that it the decision of the Constitutional Court does not have binding legal force and the decision is definitive and binding in nature. In this study, the author focuses more on the nature of the decision of the Constitutional Court, which differs from other decisions. The purpose of this study is to find ways in which the decision of the Constitutional Court can be studied in a similar way to other decisions. The purpose of this study is to find ways in which the decision of the Constitutional Court can be studied in a similar way to other decisions. Standard, legal and with the help of a literature review.

The Existence of Pretrial Institutions In The Enforcement Of Criminal Law

<p class="TableParagraph"><em>Milestone Born Based on the Constitutional Court Decision: 21/PUU-XII/2014 dated April 28, 2015, the authority of the Pretrial institution has increased by conducting an examination of the Investigator's actions in issuing a letter of determination of suspects, searches, and seizures coupled with the legality or absence of arrest and/or detention, termination of investigation or termination of prosecution upon request for the upholding of law and justice, and requests for compensation or rehabilitation. In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial.</em></p><em>The norms of authority in the Criminal Procedure Code provide limitations/limitations that cannot be deviated by law enforcement, if law enforcement exercises its authority not based on laws and regulations, then law enforcement actions can be categorized as unlawful acts. Based on Article 24C paragraph 1 of the Constitution of the Republic of Indonesia of 1945 (third amendment), the Constitutional Court is a high state institution within the scope of judicial power (judicial) and the authority of the Constitutional Court is one of which is to test the Law against the 1945 Constitution. Suppose a decision that grants the application, has an impact on the invalidity of a norm and does not have binding legal force, then by itself, the decision cannot be separated from the Erga Omnes Principle which has legally binding force on all components of the nation, so all parties must submit and obey the decision ( Syukri Asy'ari, 2013). In legal practice, there are several Decisions that do not reflect the implementation of criminal procedure law in accordance with the scope of pretrial and create new authority in pretrial so that how does pretrial exist in the enforcement of criminal law</em>

Attribution clause as a tool for addressing contractual imbalances and applicability in civil contracts

Abstract* Attribution rules act as a tool to modify the terms of a contract by accepting pre-specified terms and conditions. This methodology ensures that the contractual relationship is protected while addressing potentially complex scenarios that may arise during contract execution due to evolving circumstances. To maintain the binding force of the contract, Parties expedite dispute resolution and protect the integrity of their contracts by choosing recourse and prior agreeing to remedies, which encourages continuity in enforcement. These clauses are intended to automatically amend the terms of the contract without requiring the parties to participate in the amendment process. These items adjust the amount of funds subject to the obligation according to changes observed by external indicators associated with the obligation. This is done by comparing the price of a particular currency with the price of a different commodity. In the case of payment in gold or foreign currency, it represents an assault on the binding legal force of the national currency by competing with it as a means of payment and considering it as one of them. Terms of payment in gold and foreign currency are excluded from the attribution requirement, which replaces legal means of payment with new means of payment. It does not constitute a basis for determining the extent of fulfillment of the obligation, and we conclude that the attribution clause is a distinct legal system that deals with amending contractual terms and the contractual imbalance they cause. Amendment is permitted in the event of circumstances occurring that would upset the balance throughout the contract implementation period, and we recommend adopting the attribution clause as an automatic adjustment tool.

LARANGAN PERKAWINAN BEDA AGAMA MENURUT MAHKAMAH AGUNG DALAM SEMA NOMOR 2 TAHUN 2023

Interfaith marriages are not something new for multicultural Indonesian society. Interfaith marriages are common in society and have been going on for a long time. However, this does not mean that interfaith marriages are not problematic by society. In fact, the Marriage Law in Article 2 paragraph (1) determines that marriage is valid if it is carried out according to the laws of each religion and belief. From the Indonesian Conference on Religion and Peace, it was recorded that 1,425 couples of different religions were married in Indonesia in the period from 2005 to early March 2022, this made the Supreme Court finally issue a decree prohibiting interfaith marriages with Circular Letter (SEMA) Number 2 of 2023. The purpose of this writing is to 1) analyze the legality of interfaith marriages according to positive law in Indonesia and 2) analyze the effectiveness of the Supreme Court's decision in SEMA Number 2 of 2023. The conclusion obtained from this writing is that even though Article 8 of Law Number 12 of 2011 concerning the Establishment of Legislative Regulations states that the existence of regulations stipulated by the Supreme Court (SEMA) is recognized and has binding legal force, however, many people think that SEMA is in conflict with the Population Administration Law which does not prohibit the registration of interfaith marriages. SEMA Number 2 of 2023 does not necessarily eliminate interfaith marriages, because if we review their effectiveness, this will return to the awareness of each community.

Optimization of The Executorial Power of Peace Deeds Over Land Disputes and Conflicts Mediated by BPN

Optimization of The Executorial Power of Peace Deeds Over Land Disputes and Conflicts Mediated by BPN

Hak Ingkar Sebagai Alasan Pembenar Dihadapan Persidangan Pidana Bentuk Perlindungan Hukum Jabatan Notaris

Notary is a public official who has the authority to make authentic deeds. Authentic deeds have formal functions that cannot be carried out by other public officials, so they have strong evidentiary power. In relation to this background, the author considers the following issues: the responsibility and legal protection of notaries for the deeds they make. The method used in this research is normative research using the technique of collecting legal materials through literature study, using primary and secondary legal materials. The results of the research show that the elements of the criminal act of falsifying an authentic deed committed by a notary include fulfilling subjective elements by falsifying an authentic deed. Criminal sanctions for notaries involved in this criminal act are based on Articles 264 paragraph (1) and 266 paragraph (1) of the Criminal Code, which stipulate penalties for notaries who make a deed by deliberately using the deed as if its contents were true. From this discussion, it can be concluded that deeds that do not meet the requirements set out in statutory regulations do not have strong evidentiary power and do not have binding legal force.

Criminal Law Policy Regarding Insults of the President and Vice President in Law No. 1 Year 2023

This research aims to analyze the constitutional court's considerations in decriminalizing the formulation of the article on insulting the president and vice president in the Criminal Code and to analyze criminal law policy regarding the urgency of the article on insulting the president and vice president in Law No. 1 of 2023. Using normative legal research methods. The results of this research are that criminal policy, like public policy in general, must basically be a rational policy, one measure of the rationality of criminal law policy, among others, can be linked to the usefulness and effectiveness in making a rule so that it becomes a measure of rationality placed on the problem of the success or effectiveness of the criminal in achieving his goals. The regulation of the substance of the formulation of articles on insulting the president and vice president in Law No. 1 of 2023 is not in accordance with the spirit of the Constitutional Court decision Number 013-022/PUU-IV/2006 which states that Article 134, Article 136 bis, and Article 137 of the Criminal Code do not have binding legal force. Apart from that, the Constitutional Court has ordered not to re-regulate the offense of insulting the president and vice president in any law, because it is considered to hamper or reduce the freedom of freedom to express opinions both orally and in writing as regulated in the constitution (1945 Constitution) which is stat fundamental norm.

Penyelamatan dan Penyelesaian Kredit yang Bermasalah dalam Perjanjian Simpan Pinjam pada Koperasi (Berdasarkan Studi Putusan Nomor 15/Pdt.G/2023/Pn/Mgg)

The case of a simple claim for breach of contract in the Magelang court decision number 15/Pdt.G/2023/PN Mgg was caused by the claim that the peace deed he made was legally flawed and did not have binding legal force. In the process of granting credit, it is in accordance with the 5C credit granting procedure, especially regarding collateral or guarantees, but there is a legal defect in the collateral for mortgage rights whose ownership status is owned by deceased heirs. This research uses normative juridical research with descriptive analysis research methods. Analysis of the Magelang court decision Number 15/Pdt.G/2023/PN Mgg. The results of the research concluded that rescue and settlement of problematic credit was provided after it arose and was resolved in relation to the simple lawsuit decision in the Magelang Court case by filing a simple lawsuit because a simple lawsuit was filed in a case with a material claim value of a maximum of IDR 500 million, namely: breach of contract (default); and/or unlawful acts. In this case, the cooperative filed a lawsuit with the Magelang District Court to obtain a fair decision. Once it is declared rejected in its entirety, the debtor does not compensate for the loss of the lawsuit.

International law obligations for the disposal of Fukushima nuclear-contaminated water under the principles of nuclear safety

The disposal of contaminated water from Japan’s Fukushima nuclear power plant is a significant international nuclear safety issue with considerable cross-border implications. This matter requires compliance not only with the law of the sea but also with the principles of nuclear safety under international law. These principles serve as the overarching tenet of international and China’s domestic nuclear laws, applicable to nuclear facilities and activities. The principle of safety in nuclear activities is fully recognized in international and domestic laws, carrying broad legal binding force. Japan’s discharge of nuclear-contaminated water into the sea violates its obligations under the principle of safety in nuclear activities, including commitments to optimum protection, as low as reasonably practicable, and prevention. The Japanese government and the International Atomic Energy Agency (IAEA) have breached the obligation of optimum protection by restricting the scope of assessments, substituting core concepts, and shielding dissenting views. In the absence of clear radiation standards, they have acted unilaterally without fulfilling the obligation as low as reasonably practicable principle. The discharge of Fukushima nuclear-contaminated water poses an imminent and unpredictable risk to all countries worldwide, including Japanese residents. Japan and the IAEA should fulfill their obligations under international law regarding disposal, adhering to the principles of nuclear safety, including optimum protection, the obligation as low as reasonably practicable, and prevention through multilateral cooperation. Specifically, the obligation to provide optimum protection should be implemented by re-evaluating the most reliable disposal technologies and methods currently available and comprehensively assessing various options. The standard of the obligation as low as reasonably practicable requires that the minimization of negative impacts on human health, livelihoods, and the environment should not be subordinated to considerations of cutting costs and expenses. Multilateral cooperation should be promoted through the establishment of sound multilateral long-term monitoring mechanisms for the discharge of nuclear-contaminated water, notification and consultation obligations, and periodic assessments. These obligations under international law were fulfilled after the accidents at the Three Mile Island and Chernobyl nuclear power plants. The implications of the principles of nuclear safety align with the concept of building a community of shared future for nuclear safety advocated by China. In cases of violations of international law regarding the disposal of nuclear-contaminated water that jeopardize the concept of a community of a shared future for nuclear safety, China can also rely on its own strength to promote the implementation of due obligations through self-help.

Eksistensi Putusan Mahkamah Konstitusi

The Constitution has stipulated that the Indonesian state is a state of law, the implementation of which is carried out by the government in accordance with the mandate in the 4th paragraph of the preamble to the 1945 Constitution of the Republic of Indonesia that its duty is to protect the entire Indonesian nation and all of Indonesia's blood as an embodiment of the 5th principle "Social Justice for All the People Indonesia". It regulates the Constitutional Court as the guardian of the constitution, as well as the executor of judicial power. If there is a law whose content is contrary to the constitution (unconstitutional), then the Court can cancel the existence of the law, either in its entirety or in parts of the law, by stating that it does not have binding legal force. The nature of the Constitutional Court's decision is final and binding. In this study the author focuses more on the nature of the Constitutional Court's decisions which are different from other decisions. This research aims to find ways so that the Constitutional Court's decisions can be reviewed like other decisions. This research aims to find ways so that the Constitutional Court's decisions can be reviewed like other decisions. By using a normative juridical approach and literature review.

Collective Agreement as Evidence with Binding Legal Force in Decision of Industrial Relations Court

A Collective Agreement, once registered and ratified at the Industrial Relations Court, should be regarded as authentic evidence possessing binding legal force for all parties, including judges. However, in various rulings from both the District Court and Supreme Court levels, the Collective Agreement has been consistently disregarded as evidence with enduring legal implications and enforceability on the involved parties. The central issue investigated in this research pertains to how judges perceive the Collective Agreement as evidence and the position it holds as binding evidence in the decisions of the Industrial Relations Court. This research employs a normative legal analysis approach (statute case) and conducts a case study by examining multiple industrial relations court decisions that have overlooked Collective Agreements as evidence with binding legal force. In contrast to several prior studies and writings conducted by other entities, which have primarily confined the role of the Collective Agreement to being binding on the parties and admissible as evidence in the Industrial Relations Court, this research scrutinizes the Collective Agreement, asserting that it should be established with unequivocal legal force for the involved parties, rendering it conclusive and precluding further legal actions. Nevertheless, in various Industrial Relations Court Decisions, these agreements are, in fact, overlooked and not treated as evidence with binding legal force, thereby introducing legal ambiguity for the parties involved. Additionally, despite the ideal scenario of the Collective Agreement being crafted as an authentic deed to ensure its binding nature, practical instances reveal instances where Collective Agreements are private deeds, each possessing distinct evidentiary powers.

THE EFFECTIVENESS OF ARBITRATION AS AN EXPENSIVE ALTERNATIVE DISPUTE RESOLUTION

<p>Arbitration is an alternative non-litigation dispute resolution which has great demand but it has many weaknesses including the high cost of arbitration and decisions that cannot be executed immediately if registration has not been made at the District Court. Thus, the purpose of the analysis are 1) to analyze the juridical value of arbitration when compared to dispute resolution by litigation and 2) to analyze the effectiveness of arbitration as an effort to settle disputes outside of the court system. This study employed a normative legal methodology. The following are the outcomes of this study: Arbitration is a form of alternative dispute resolution that is widely utilized by individuals, individuals and legal entities, between legal entities, etc. in the context of commercial law. Arbitration is widely chosen because dispute resolution is carried out in a closed, flexible and faster way than litigation and has binding legal force. Arbitration has more value, if the process is carried out correctly, observant in analyzing the problems and fulfilling the elements of the rules regarding the execution of the arbitral award. 2) The arbitration will be legally binding if the parties comply with the arbitration rules in the country where the matter will be executed.. Conclusion: arbitration remains an effective non-litigation dispute resolution option but must pay attention to the arbitration process and provisions so that the parties' awareness will arise to register the results of the arbitration decision and comply with the arbitration law applicable in each country.</p>

부동산 거래에서의 가계약에 관한 연구

In transaction practice, cases where a provisional contract is concluded first in the process of concluding a real estate sale or lease contract are not rare. However, not only is there no law governing provisional contracts, but also neither theories nor precedents have yet provided a consistent explanation of the concept and content of provisional contracts. Therefore, legal issues surrounding provisional contracts are still causing confusions. Diverse problems are occurring in relation to provisional contracts such as the question of when the main contract has been concluded in cases where the main contract has been concluded after the provisional contract had been concluded, whether the legal binding force of provisional contracts can be acknowledged, and whether the provisional contract deposit paid should be refunded when the provisional contract has been canceled by one party unilaterally, for example. In order to solve such problems, various opinions have been asserted such as the argument that the types in which the expression provisional contract is used should be distinguished and the legal principles appropriate for each type should be considered, the argument proposing that a standard provisional contract for concluding a provisional contract should be prepared, presented, and used, and the argument that civil law regulations should be newly established to govern provisional contracts. However, it is difficult to view that such studies have resolved all the complex issues surrounding provisional contracts.
 In practice, there are various types of contracts concluded under the name of provisional contracts. Even cases acknowledged by precedents include ① cases where the provisional contract is a contract that has no difference in substance from the main contract or is a conditional contract; ② cases where the provisional contract has the nature of a reservation that imposes an obligation to conclude the main contract on one or both parties in the future; and ③ cases where the provisional contract was prepared as a basis for future negotiations and has the nature of a matter of consultation that are expected to be revised through future negotiations. These are viewed to be the difficult part of studies on provisional contracts. That is, all the various types of contracts concluded under the name of provisional contracts are recognized as a type of provisional contracts and it is sought to resolve all cases together. However, for legal relationships where the contents of the regulations can already be understood through existing explanations, such as reservations or conditional contracts, for example, it cannot be said that separate regulations are necessary just because the name provisional contract is used. That is, in order to provide effective standards for resolution of disputes related to provisional contracts, it is necessary to limit the concept of provisional contracts to a certain form. In this article, the meaning of provisional contracts in real estate transactions was understood from the perspective as such and then the legal relationship of provisional contracts was analyzed from the perspective that provisional contracts are temporary contracts concluded before the main contracts are concluded.

Konstitusional Pasal Penghinaan Terhadap Presiden dan/atau Wakil Presiden Dalam Perspektif Kebebasan Berpendapat bagi Warga Negara (Telaah Atas Pasal 217-220 Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana)

The Constitutional Court decision No.013-022/PUU-IV/2006 issued in 2006, it was stated that the article on insulting the President contained in Article 134, Article 136 and Article 137 of the Criminal Code no longer had binding legal force. The Constitutional Court stated that in its ratio decidendi regarding the abolition of the article on insulting the President and/or Vice President, namely with several considerations: 1) The Criminal Code is a legacy of Dutch colonialism. 2) Give rise to legal uncertainty (rechtsonzekerheid) and the principle of equality before the law does not apply. 3) protection of human rights. The redaction of the article on insulting the President and/or Vice President as stated in Article 217-Article 218 of Law the Criminal Code is no different from the redaction of the article on insulting the President and/or Vice President which has been declared unconstitutional by the Constitutional Court. Minimize the occurrence of a judicial review in the next three years regarding the article regarding insulting the President and Vice President. So the restrictions on the article regarding insulting the President and Vice President can be regulated by equivalent legal regulations, such as government regulations as a matter of urgency in explaining the article.

Persepsi Masyarakat Islam Kejawen di Kabupaten Cilacap terhadap Implementasi Pasal 7 Ayat 1 Undang-Undang Nomor 16 Tahun 2019 tentang Perubahan Usia Perkawinan

This article discusses the perceptions of the Javanese Islamic community regarding the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning changes in the age of marriage. This research originated from a judicial review filed by the Indonesian Child Protection Commission (KPAI), the Constitutional Court. The decision decided that Article 7 paragraph (1) is as long as the phrase "16 years". The Marriage Law is considered to be contrary to the 1945 Constitution (UUD) of the Republic of Indonesia (NKRI) and does not have binding legal force. Finally, the Constitutional Court finally granted a judicial review of Article 7 paragraph 1, this was because Article 7 Paragraph 1 was discriminatory and not in accordance with Article 27 Paragraph (1) of the 1945 Republic of Indonesia Constitution concerning equal rights before the law and the Child Protection Law which stated that boys -Men and girls have the same rights. The aim of this research is to determine the implementation of Article 7 Paragraph 1 of the 1974 Marriage Law in the Indigenous Anak Putu (ATAP) community in Cilacap Regency. The results of this research indicate that the implementation of Article 7 Paragraph 1 of Law Number 16 of 2019 concerning Marriage in the Kejawen Islamic Community in Cilacap Regency has been carried out as it should. Evidenced by the existence of a long process before the occurrence of the marriage contract. Apart from the procession, there are traditional rules that must not be abandoned, the Anak Putu Traditional Community also upholds the laws and norms that apply in Indonesia. So that in carrying out customary rules it is not intended to violate or get rid of state regulations. However, this is where the customary rules of the Anak Putu Tradition are carried out in tandem with state law. Keywords: Community Perception, Kejawen Islam, Changes in Age of Marriage

Transition Of Authority Judicial Institutions Simultaneous National Elections 2024

The decision of the Constitutional Court No. 97/PUU-XI/2013 resulted in changes in the function and authority of the judicial institution that adjudicates Pilkada. The Constitutional Court's decision then gave birth to Article 157 of Law No. 10 of 2016 Amending Law No. 8 of 2015 (Pilkada Law) which contains provisions for the establishment of a special election judicial body that will hear disputes over the results of simultaneous national elections in 2024. However, the establishment of a special election judicial body mandated by the Pilkada Law still faces juridical obstacles if it is linked to Law 48 of 2009 concerning Judicial Power, and laws governing judicial bodies under the auspices of the Supreme Court, especially the general and state administrative courts. Another juridical problem is the Constitutional Court Decision Number 85/PUU-XX/2022 which states that the phrase "until a special judicial body is established" in Article 157 paragraph (3) of the Pilkada Law does not have binding legal force. So that the Constitutional Court's decision can be interpreted as a sign of defining the Constitutional Court as a permanent judicial institution to hear disputes over Pilkada results. This research uses normative research methods as a characteristic of legal research, using statute law approaches, expert opinions. The purpose of this research is to search and find the right norms and have legal arguments in determining the right judicial institution authorized to hear disputes over the results of the 2024 simultaneous regional elections.

Kedudukan dan Kekuatan Hukum Surat Edaran Mahkamah Agung (Sema) Dalam Hukum Positif Indonesia

The legal products of the Supreme Court are not the same as laws. If the law does not understand or regulate something, the Supreme Court can issue policy regulations based on its authority. However, such a thing is not always done. For example, in 1963 the Supreme Court issued Circular Letter Number 3, which effectively canceled a number of Articles in the BW because it was considered unfair. . Researchers use normative research methods to obtain relevant material and explanations for the formulation of the problem as well as to obtain research-based understanding and explanations raised. Normative research is a type of research conducted through a review of literature (secondary sources). The type of normative research chosen is normative juridical, because the starting point of this research is to use legal norms or existing laws and regulations to analyze the problem under study. The results show that the Position and Strength of the Supreme Court Circular Letter (SEMA) in the legal system in Indonesia is recognized outside the hierarchy of laws and regulations and has binding legal force in accordance with the words of Article 8 Paragraph (1) and (2) of Law no. 12 of 2011

Measuring the Executorial Power of the Constitutional Court of the Republic Indonesia Decisions

This study aims to measure the binding strength of the Constitutional Court's decision in constitutional review cases and to analyze the juridical implications of normalizing norms declared unconstitutional by the Constitutional Court. This research is normative legal research with a statutory approach, a concept approach, and a case approach. The Legislative Approach is used to make an inventory of laws and regulations relating to the position and authority of the Constitutional Court. The conceptual approach analyses legal issues based on concepts related to the executive power of the Constitutional Court's decision. The case approach is used as an object in this research, namely the findings of the Constitutional Court, which are not followed up. The results show that the Constitutional Court's decisions are normatively final and binding, but in reality, several Constitutional Court decisions are not followed up by the legislators; this gives the impression that the Constitutional Court's findings do not have an executive nature. The juridical implication of the normalization of norms is declared unconstitutional by the Constitutional Court. Juridically the model does not have binding legal force, and the cancellation of the legal standard must be carried out.

좋은 행정 구현을 위한 청문절차 개선과제

The hearing system in the context of the European Charter of Fundamental Rights is crucial in achieving ‘Good Administration.’ While recognized as a fundamental component of administrative procedures in South Korea, its practical utility appears to be limited. This article aims to emphasize the institutional problems and propose improvements in the current administrative review system, particularly focusing on realizing good administration. Firstly, the current selection process of hearing panelists does not ensure professionalism and fairness, often prioritizing government officials. It is suggested to adopt a comparative approach, akin to the U.S. Administrative Law Judge system, where a lawyer's qualification is a prerequisite. Additionally, establishing an independent administrative review body to guarantee operational independence is recommended. Secondly, there is a concern regarding the expansion of criteria for conducting hearings. For discretionary reviews, granting individuals the right to request a review is vital, rather than relying solely on the judgment of administrative agencies. Also, recognizing the need for a review in cases of refusals of profitable administrative actions is essential. Thirdly, concerning the hearing process itself, it is reasonable to publish the panelists' opinions in the interest of the involved parties, expand their rights to access information, and generally open up hearings to enhance transparency. Fourthly, concerning the effectiveness of hearing outcomes, it is deemed more suitable to operate with an acknowledgment of practical enforceability rather than bestowing legal binding force upon hearing outcomes. Lastly, to ensure the effectiveness of objections in alignment with recent amendments to the Administrative Basic Act, it is reasonable to introduce hearings within the objection process. Considering ways to link hearings with the results of administrative appeals is also necessary for the substantive realization of the hearing system.

PERLINDUNGAN HUKUM KREDITUR ATAS SURAT KETERANGAN NOTARIS/COVERNOTE TERHADAP PROSES PENCAIRAN KREDIT

Problems in making a Covernote by a Notary in relation to credit disbursement and regarding the strength of the evidence if the disbursed credit is defaulted at a later date. This thesis research aims to analyze the responsibility of a notary in a notary's certificate/Covernote regarding the credit disbursement process. As well as creditor legal protection for a notary/Covernote statement regarding the credit disbursement process. The method used is the normative juridical research method by examining literature or secondary data alone, and by using the deductive thinking method, namely the way of thinking in drawing conclusions drawn then recommending suggestions. The theory used in this paper uses the theory of responsibility and the theory of legal protection. From the results of the study it was concluded that the legal responsibility of a notary in issuing a Covernote to issue a Covernote that he made does not have binding legal force in the Notary Office Act if a default debtor customer occurs. Covernote does not have binding and perfect legal force, so there must be legal protection for creditors. Collateral is a preventive means of legal protection. Because the collateral binding is not perfect, that Covernote can in fact be used as the basis for disbursing credit in a bank credit agreement with all elements, the principle of prudence, the existence of a credit agreement, the existence of collateral/collateral on credit, a sense of trust from the bank in disbursing credit because according to the bank complies with the provisions of the Law of the Republic of Indonesia Number 7 of 1992 concerning Banking. Creditor legal protection is based on the provisions of Articles 1131 and 1132 of the Civil Code. It is hoped that the Government will make laws and regulations related to Covernotes regarding the provisions of one article in regulations per law, especially the Notary Office Law. It is better for creditors/banks to pay attention to the principle of prudence in the process of granting credit by not using Covernotes as the basis for disbursing credit