The Role of Notaries in Loan Restructuring Impacted by Covid-19 in Islamic Banking
Abstract
This paper examines the role of notaries in loan restructuring due to the
impact of Covid-19 in Islamic banking. The research problem is formulated
in the followings: first, how to restructure the loan as the impact of Covid 19 in Islamic banking, and second, how is the role of a notary in loan
restructuring as the impact of Covid-19 in Islamic banking. This is an
empirical legal research carried out by examining primary data obtained
from the field. The results of this study reveal the mechanism for loan
restructuring as the impact of Covid-19 in Islamic banking, and the roles of
a notary in loan restructuring as the impact of Covid-19 in Islamic banking.
It is clear that the bank does not immediately approve the request for loan
restructuring submitted by the customer, since the application must go
through several stages of approval by the bank. In the first stage, customers
shall contact the bank to convey their financial decline of income or
business profit affected by Covid-19. Customers shall submit a request for
loan restructuring along with the required documents. The bank will
conduct online interview to verify customers, and to make a report on the
results of the interview. Afterwhich, the bank will need to pay a field visit
or survey to analyze the information submitted by the customer. Once, the
application is approved, the bank will send a restructuring offer letter to
customers to be signed with the addendum. After signing the financial
addendum, customers only have to wait for the restructuring process in the
bank's operational division system. In this process, notaries play a
significant role in loan restructuring due to the impact of Covid-19 in
Islamic banking, by making authentic deeds for the bank office and by
complying with the health protocols set by the government. Another role of
the notary is to legalize the addendum agreement made by the bank and the
customer to carry out the authority of legalizing the deed under the hand of
a notary only to guarantee and ensure the date and signature between the
Islamic bank and customer applying for loan restructuring. In line with the
notary's authority in providing legal counseling related to the deed making,
Islamic banks generally have operational standards of implementation, and
thus the addendum clause of financing has been determined by the bank.
Collections
- Faculty of Law [32]