Juridical Analysis of Disclaimer Statements In Covernote As A Means of Legal Protection For Notaries Felly Faradina
- Doctoral Candidate in Law at Islamic University of Bandung, Bandung, Indonesia, and
-Lecturer at Islamic University of Riau, Pekanbaru, Indonesia.
Abstract
A covernote is a letter issued by a Notary that provides information and clarification indicating that the preparation of a document or deed under their responsibility is still in progress. Disputes frequently arise concerning the legal implications of covernotes, some of which escalate to legal proceedings. In response, Notaries often include disclaimer statements in the covernotes they issue as a form of precaution. However, the legal standing and protective value of such disclaimers remain a subject of debate. This study aims to examine whether the inclusion of disclaimer clauses in covernotes is legally permissible and whether such clauses have legal consequences that can serve as a form of legal protection for Notaries. Employing a normative juridical approach, this research analyzes relevant laws and legal literature. The study finds that the inclusion of disclaimers in covernotes is a relatively recent practice, increasingly adopted by Notaries to shield themselves from potential liabilities arising from matters beyond their control. Legally, a disclaimer functions as a statement of non-liability that may serve as a protective measure, insofar as it pertains to circumstances outside the Notary^s authority. While such disclaimers do not fully absolve Notaries from legal responsibility, they function as a preventive mechanism to reduce legal risks. Thus, the use of disclaimers in covernotes can be considered a justifiable and strategic legal approach in practice.
