Executorial Power of Debt Recognition Deed: Statute and Conceptual Approaches

Abstract

Efforts to realize legal certainties in notary science are pursued by perfecting the deed made based on the notarial practice by considering the jurisprudence for cases related to issues of debt recognition. The research combines normative and empirical legal researches. Conducted in Makassar city, South Sulawesi, Indonesia. The results show that pointing the sacred sentence “For Justice Based on the Almighty God” at the heading of the debt recognition deed made by a notary has a meaning an oath to do justice in the process of making the deed so that it cannot only be accountable to interested parties, but must be able to be accountable to the State, society, religion and to God Almighty. The practice of making a debt recognition deed by notary which only puts the manuscript “For Justice Based on the Almighty God” in the heading of the copy of the deed in the form of a Grosse deed of debt recognition and not being placed in the minutes of the deed results resulting in an improper title. Debt recognition that has an executorial title has legal consequences in the form of forced bodies for defaulted debtors, so a high moral awareness is needed for the notary to make the debt recognition deed always acted carefully and fairly to the parties.

Keywords: Debt; Deed; Notary; Statute; Legal Certainty

DOI: 10.7176/JLPG/98-28

Publication date:June 30th 2020