The Urgency of Regulations Regarding the Legal Power of Notary Cover notes in Order to Guarantee Legal Certainty
Abstract
A cover note is a temporary administrative guarantee document commonly used in banking and land practices. Although this practice is common, The issuance of cover notes by notaries is not specifically governed under Law Number 2 of 2014 about the Position of Notaries (UUJN). The purpose of this study is to examine the legal force of cover notes, the authority of notaries in issuing them, and the necessity of precise legal regulations to guarantee the parties' legal certainty. This study, which employed normative legal research methodologies using a statute approach and a conceptual approach, concluded that a cover note lacks binding legal power because it is neither a private deed (Article 1868 of the Civil Code) nor an authentic deed (Article 1 paragraph (1) of the UUJN). Because of this ambiguous rule, notaries may be held legally liable under Article 1366 of the Civil Code, and professionally, which can affect the credibility of their profession. The research emphasizes the significance of transparent legal regulations regarding the status of cover notes in the Indonesian legal system, thus providing clear legal protection for notaries and ensuring legal certainty for parties using cover notes.