Legal Analysis of the Validity of Bank Credit Agreements Between Customers and Banks in Relation to Notaries’ Prohibition on Signing Deeds During the Preparation Process

DOI

10.2991/978-2-38476-531-7_23How to use a DOI?

Keywords

Agreement Validity; Notary; Bank

Abstract

Notaries are often involved in cooperation agreements with banks. In such collaborations, banks generally request notaries to draft deeds in which most clauses are determined by the bank. This raises issues about the notary’s independence and the prohibition on signing a deed during its preparation by another party as stipulated in the Notary Code of Ethics. Credit agreements function as the primary legal basis for the relationship between the bank (creditor) and the customer (debtor), and are frequently formalized as authentic deeds to ensure legal certainty. Problems arise when a notary signs a deed while still in the preparatory stage, before all formal and material requirements have been fulfilled, contrary to the authority framework in the Notary Position Law (UUJN). This paper examines the legal validity of credit agreements created under such circumstances, their legal consequences for the parties, and the accountability of notaries who fail to comply with statutory provisions. Using a normative juridical method (statutory, conceptual, and case approaches), the study finds that credit agreements executed as authentic deeds signed prematurely may be formally flawed, reducing their evidentiary value. Such conduct may trigger administrative, civil, and ethical sanctions. Notaries must therefore act carefully and comply with prevailing standards to uphold agreement validity and legal certainty for all parties.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Yulie Wulandari
AU  - Rodiatun Adawiyah
AU  - Elvira Fitriyani Pakpahan
AU  - Muhammad Arif Prasetyo
PY  - 2026
DA  - 2026/01/03
TI  - Legal Analysis of the Validity of Bank Credit Agreements Between Customers and Banks in Relation to Notaries’ Prohibition on Signing Deeds During the Preparation Process
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 220
EP  - 223
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_23
DO  - 10.2991/978-2-38476-531-7_23
ID  - Wulandari2026
ER  -