DIMAS AMAL KURNIAWAN, NIM. 202211007 (2026) Tinjauan Yuridis Kedudukan Notaris Sebagai Rekanan Bank Berdasarkan Hukum Perjanjian Di Indonesia. Skripsi thesis, UNIVERSITAS MUHAMMADIYAH GOMBONG.

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Abstract

background of this study is the role of notaries as bank partners in the creation of credit agreements, which raises legal issues related to the independence of notaries as public officials, as well as the application of the principle of balance in the legal relationship between banks and debtors. Research objective: aims to analyze the legal status of notaries as partners of banks in the creation of credit agreements based on Indonesian contract law, as well as the implementation of the principle of balance in credit agreement practices. Research Method: The research method used in this study is normative with a legislative, conceptual, and case approach. Primary, secondary, and tertiary legal materials were obtained through a literature review and analyzed using a qualitative descriptive approach. Research findings: A notary’s role as a bank partner does not affect its status as a public official under the Notary Act. The bank notary relationship is a professional collaboration based on agreement, not subordination, requiring notaries to remain independent, honest, and impartial. Nevertheless, the principle of balance in credit agreements remains inadequately implemented due to banks’ dominance in drafting standard clauses, which weakens debtors’ bargaining position. Conclusion: The conclusion of this study shows that, based on the Batam District Court's ruling in case number 36/Pdt.G/2021/PN Btm, protection of debtors has not been implemented optimally, so the application of the principle of balance has not fully reflected substantive justice for the parties involved.

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