Fiduciary Registration Research Articles

Legal Protection of Debtors for Fiduciary Collateral Objects Whose Debts Have Been Paid Off Based on the Fiduciary Guarantee Law and Government Regulation Number 21 of 2015

Fiduciary Guarantee is an accessory agreement that follows the principal agreement it guarantees. If the principal agreement ends, the Fiduciary Guarantee agreement also ends. However, the recording of the encumbrance and granting of the Fiduciary Guarantee contained in the Fiduciary Guarantee Register Book at the Fiduciary Registration Office can be crossed out or deleted (roya) if requested by the Fiduciary Beneficiary (Article 25 paragraph (3) of Law No. 42/1999 on Fiduciary Guarantee). Legal protection is provided in the event of full repayment or repayment of the debt secured by the Fiduciary Guarantee Object. Based on Article 25 paragraph (1) of Law No. 42/1999, this is one of the reasons for fiduciary abolition. The Fiduciary is obliged to notify the abolition of the Fiduciary Guarantee to the Fiduciary Registration Office so that the Fiduciary Guarantee can be removed from the Fiduciary Guarantee Register Book. The nature of the Fiduciary Guarantee depends on the existence of the receivables whose repayment is guaranteed. If the receivables are written off due to debt repayment or disposal, the related Fiduciary Guarantee is automatically deleted. If the Creditor does not perform the deletion, the Debtor may take legal action, either through litigation or non-litigation. An obstacle to legal protection for the Fiduciary is if the Fiduciary does not complete the Fiduciary Guarantee Certificate online. Law No. 42/1999 and its implementing regulation, PP No. 21/2015, do not include sanctions for the Fiduciary or its representative if the Fiduciary Guarantee Certificate is not done. This results in no legal certainty over the object of the Fiduciary Guarantee if the Fiduciary does not perform it, because the object used as collateral remains registered with the Ministry of Law and Human Rights and the Fiduciary Guarantee Certificate is still considered valid and cannot be re-registered in accordance with Article 17 paragraph (2) of Government Regulation No. 21 of 2015.

LEGAL CONSEQUENCES OF NOT REMOVING REGISTERED FIDUCIARY GUARANTEES FROM THE ONLINE SYSTEM IN BALI

Fiduciary guarantees are material guarantees that are most widely used by banks. Fiduciary guarantees have been used by the Indonesian people since the Dutch colonial era. Based on the Circular Letter of the Directorate General of AHU Number AHU-06.OT.03.01 of 2013 concerning the Implementation of the Electronic Fiduciary Registration Administration System, registration of Fiduciary guarantees is no longer carried out at the Fiduciary registration office but is registered on the official website, namely https://Fidusia.ahu .go.id The implementation of the elimination of Fiduciary guarantees registered in the online system is the obligation of the Fiduciary recipients, but in practice there are still Fiduciary recipients who do not fulfill their obligations to notify the removal of Fiduciary guarantees after the Fiduciary giver pays off their debts. There is no sanction that regulates if the Fiduciary recipient does not notify the cancellation of the Fiduciary guarantee which results in this obligation being not adhered to. The method used is the method of writing empirical law. The results that can be concluded in this study are that if the Fiduciary recipient does not notify the deletion of the Fiduciary guarantee, then the Fiduciary guarantee concerned cannot be re-registered.

Use of Debt Collector Services by Banking Parties Based on the Fiduciary Guarantee Law

This research aims to analyze the role and impact of the use of debt collectors in the context of collecting collections by banking institutions that take credit based on fiduciary guarantees. This research is also to teach debt collector practices with applicable legal provisions and the impact on the rights and obligations of the parties involved. There are many cases of motor vehicle withdrawals that have credit problems but do not follow existing laws. In distributing funds by providing credit to the public using fiduciary guarantees, Law no. 42 of 1999 requires transaction registration at the Fiduciary Registration Office. This process produces a fiduciary guarantee certificate which has executorial power equivalent to a judge's decision which has permanent legal force. However, in reality, there is a phenomenon where the fiduciary recipient takes the collateral if the fiduciary does not fulfill his obligations. In executing fiduciary guarantees, it is still common to use the services of debt collectors.

Tinjauan Yuridis Terhadap Obyek Jaminan Fidusia yang Digadaikan Tanpa Persetujuan Penerima Fidusia (Studi Kasus di PT. Sinarmas Multifinance Cabang Jember)

This research examines the juridical review of fiduciary collateral objects pledged without the consent of the fiduciary recipient. The aim of this research is to analyze the juridical review of fiduciary collateral objects pledged without the consent of the fiduciary recipient. The research method used is the statutory approach method (statue approach) and the case approach method. The type of research is normative juridical, meaning that the problems raised, discussed and described in this research are prioritized by applying positive rules or norms. The research results reveal that in practice we encounter many cases with obstacles in the field. Firstly, this is because many fiduciary recipients still do not register fiduciary collateral objects. Second, fiduciary parties can still be found who violate the agreed provisions. Even though the object of the fiduciary guarantee has been registered, there are still fiduciary providers who pledge the object of the fiduciary guarantee. The form of formal legal protection that can be done is by registering the object of fiduciary collateral with the fiduciary registration office. The second step is to provide a clause to provide sanctions against the party giving the fiduciary.

Implikasi Hukum dan Kekuatan Pembuktian Akta Jaminan Fidusia yang Penandatanganannya Tidak Dilakukan di Hadapan Notaris

Notaries must sign the deed in front of the parties and witnesses, but in practice this signing is often not done in front of the parties and witnesses, giving rise to legal implications. This research discusses the legal implications of signing a deed that is not carried out in the presence of a notary and the evidentiary strength of a fiduciary guarantee deed whose signing is not carried out in the presence of a notary. The research method used is normative research, using a statutory approach and a conceptual approach, using secondary data which will be analyzed using descriptive analysis. The results of this research are that the legal implications of signing a deed that is not done in the presence of a notary means that the deed will turn into a private deed. Therefore, if the fiduciary guarantee deed is made privately, it does not fulfill the provisions of Article 5 paragraph (1) UUJF, so the deed becomes invalid and cannot be registered at the Fiduciary Registration Office and the evidentiary power of the fiduciary guarantee deed whose signing is not carried out in before a notary, making the deed only have the power of proof of a private deed, a private deed only has the power of formal proof, namely if the signature on the deed is acknowledged (in this case it is proof of recognition) which means the statement stated in the deed recognized and justified.

Implementation of Online Fiduciary Security Registration in Minister of Law and Human Rights Regulation Number 9 of 2013

In Minister of Law and Human Rights Regulation Number 9 of 2013, online registration of fiduciary guarantees has been regulated. The purpose of writing this article is to gain an understanding of the implementation of this system. In addition, another objective is to gain a better understanding of the online fiduciary registration process, as well as the supporting components and barriers that occur during the process. This research utilizes a statutory and factual approach. A guarantee of legal certainty has been provided through the registration of collateral with the object of fiduciary guarantee through computer media and the internet. One of the barriers to registering fiduciary guarantees electronically and connected to the internet is slow internet speed and interruptions. Many financing institutions do not register fiduciary guarantees due to the high cost of making the deed and registering it. As a result, creditors will not have preference rights over unregistered fiduciary guarantees.

TINJAUAN YURIDIS PELAKSANAAN PEMBEBANAN FIDUSIA DENGAN SURAT KUASA JAMINAN FIDUSIA DIBAWAH TANGAN MENURUT UU No. 42 TAHUN 1999 DI PT BPR ARTHA TANAH MAS SEMARANG

The process of creating a fiduciary guarantee is carried out through the imposition stage which is carried out before a notary and the fiduciary guarantee registration stage. In practice, currently there is widespread use of power of attorney to charge fiduciaries under the hand to make fiduciary deeds before a notary. The problem in this study is how the process of implementing fiduciary imposition with a private power of attorney for fiduciary guarantees according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang and how is the legal force of the fiduciary deed made through a power of attorney under the fiduciary guarantee. The approach method is empirical juridical, descriptive analytical research specifications, data sources are primary data and secondary data. Data collection methods are field studies and literature studies, data analysis is qualitative. The results of the study show that the process of implementing fiduciary imposition with a power of attorney for fiduciary guarantees is underhand according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang, the debtor signs a power of attorney for fiduciary guarantees, then the bank faces itself before the notary to make a fiduciary guarantee deed for further registration at the Fiduciary Registration Office. The fiduciary deed made through a power of attorney under the hand of fiduciary guarantees is basically valid, but if there is a lawsuit or intervention from another party, the power of attorney under the hand of fiduciary has weaknesses in the verification process, where the position of the power of attorney under the hand is very weak and lacks legal certainty.

Dinamika Pembebanan Jaminan Fidusia Terkait Dengan Prinsip Spesialitas

The principle of specializing fiduciary guarantees in consumer financing agreements is one of the principles that must be fulfilled, in order to provide legal certainty to both fiduciary recipients and fiduciary recipients, particularly regarding the right to ownership of collateral. If the consumer financing agreement is not fulfilled by the principle of specialization, then there is no legal certainty in the agreement. Every object that is burdened with a fiduciary guarantee must be registered at the fiduciary registration office for the birth of the fiduciary guarantee. A new fiduciary guarantee is said to be born if it has been registered so that a fiduciary certificate is issued which has executive power if in the future the debtor defaults. So that the creditor in the settlement of default is not based on a power of attorney but based on a fiduciary certificate which has the same strength as a court decision that has permanent legal force. The methodology used in this study is the normative juridical methodology and the approach used is a conceptual approach and a statutory approach. The thinking framework used is descriptive method in this study.
 KEYWORDS: Principle, Specialization, Fiduciary

Legal Implications of Not Performing Roya Fiduciary Guarantee by the Creditor

The purpose of this research is to find out and analyze the obstacles of the creditor not doing roya fiduciary when the debtor's debt is paid off, legal protection to the debtor if the creditor does not do roya fiduciary guarantee and the legal implications of not doing roya fiduciary at PT Verena Multi Finance Medan City. This type of research is normative juridical legal research, the nature of the research is descriptive analysis, the techniques used are library research and field research. The results of the study state that the obstacles of creditors in carrying out fiduciary security roya are constraints on the removal system and constraints on legal arrangements. Legal protection to the debtor if the creditor does not make a fiduciary guarantee roya is stated in Article 25 paragraph (3) of the Fiduciary Guarantee Law that upon the abolition of the fiduciary guarantee the fiduciary recipient notifies the Fiduciary Registration Office of the abolition of the fiduciary guarantee by attaching a statement regarding the abolition of debt. The legal implication of not doing fiduciary roya at PT Verena Multi Finance Medan City is that the object of fiduciary guarantee that has not been royaed cannot be used as collateral if the object of the guarantee is to be re-guaranteed as an object of fiduciary guarantee, then the object must be royaed first.

Fiduciary Collateral Object Execution Mechanism Post Constitutional Court Decision Number 2/PUU-XIX/2021

Fiduciary guarantees have existed in society since the Dutch colonial era because of the flexibility of objects that can be burdened with fiduciary guarantees, the more there is a need for legal certainty over fiduciary guarantees. The Fiduciary Guarantee Act (UUJF) requires registration of the imposition of fiduciary guarantees. Registration is carried out at the Fiduciary Registration Office with a working area covering the entire territory of the Republic of Indonesia and is within the scope of duties of the Ministry of Law and Human Rights to obtain a fiduciary guarantee certificate. The fiduciary guarantee certificate contains the head of the decision which is interpreted as having the power of execution, so that the execution can be carried out immediately without going through a court and is final as described in Article 15 paragraph (2). In practice, this article often becomes a polemic in the community, causing acts against the law and even criminal acts when the fiduciary recipient wants to execute the fiduciary guarantee. After the Decision of the Constitutional Court Number 2/PUU-XIX/2021, in its decision, it redefines Article 15 paragraph (2) and paragraph (3) of the UUJF. This decision is an explanation and confirmation of the previous Constitutional Court Decision Number 18 /PUU-XVII/2019. This study will discuss the power of administering fiduciary guarantees after the Constitutional Court Decision Number 2/PUU-XIX/2021. With the research method using a statutory (normative) approach, as well as a conceptual approach, it is concluded that the execution clause in the fiduciary guarantee certificate does not change, only as a legal consequence arising from the decision of the Constitutional Court number 2/PUU-XIX/2021, namely the mechanism for implementing the guarantee certificate execution. Fiduciary is carried out by equating it with the mechanism for implementing the execution of a court decision that has permanent legal force (incracht), if the guarantor does not voluntarily surrender the object of the fiduciary guarantee under his control. In addition, there must be an agreement between the parties regarding the default. And in the Decision of the Constitutional Court Number 2/PUU-XIX/2021 as an explanation and confirming the multiple interpretations in the public of the previous Constitutional Court decision, that the execution of a fiduciary guarantee certificate through a court decision is an alternative that can be taken in the event that there is no agreement between the creditor and the the debtor, both in relation to default and the voluntary surrender of the object of guarantee from the debtor to the creditor. The default clause must be specified in the principal agreement or in the fiduciary guarantee certificate.

Real estate registers in Germany and Russia: Public credibility of data vs. bona fide acquisition of property

The article analyzes dogma, scientific concepts and judicial practice on the acquisition of immovable property in case of its unauthorized alienation in Germany and Russia. The author proposes to improve the Russian model of real estate ownership protection, which is based on German legal constructions. Reasonable the acquirer should check the powers of the counterparty (the title) and doubt them, for example, when the price of the contract is non-market. However, such logic is nonsense in the sphere of civil turnover of real estate, because the legislator establishes the presumption of registered rights and guarantees the credibility of the registry data. Registrars carry out a legal expertise of title documents, therefore, purchasers should not take the risk if the records in the registry are erroneous. There is no need to investigate the gross negligence of the purchasers, and this changes the approach to understanding their bona fide. The essence of public credibility of the real estate register should be reflected in Articles 8.1, 223, 302 of the Civil Code of the Russian Federation: the acquirer does not become the owner if he knows about the uncertainty of the register, or there are marks about an objection or a court dispute regarding the registered right of the alienator. Such public credibility is not conditioned by the will of the previous owner or the payments of the acquirer. The rules of unjustified enrichment (Chapter 60 instead of prescription possession under Article 234, paragraph 4 of Article 302 of the Civil Code of the Russian Federation) can be applied to balance interests, if the victim has economic losses, and the acquirer has not incurred costs. A transaction between a trusting acquirer and an unauthorized alienator means that there is no personal and economic identity between them (family ties, relations of a corporation with its sole participant, transformation of joint ownership into shared ownership between the same persons, etc.). Despite the absence in Russia of a mandatory notarial form of alienation of real estate and an abstract real contract, the legislator can transform the negative system of registration of rights and establish a fiction (the acquisition on the basis of public credibility of register, i.e. a partially positive or fiduciary registration system).

The Urgency of Strengthening Creditor Legal Protection in Fiduciary Guarantee Agreements

In a fiduciary guarantee agreement, both the fiduciary recipient and the fiduciary giver according to the fiduciary guarantee law are equally given legal protection. However, there are still weaknesses in legal protection for creditors, exacerbated by the practice of implementing fiduciary agreements in the field, among others in the form of not registering fiduciary objects (only stopping at making authentic deeds). Then, in the practice that occurs, the financial institution in entering into a financing agreement includes the words fiduciary guarantee. However, ironically, it is not made in a notarial deed and is not registered at the Fiduciary Registration Office to obtain a certificate. So, it is not surprising that due to such practice, cases of slow and difficult execution of fiduciaries are a problem. This research is to answer the question: the urgency of implementing strengthening legal protection for creditors in fiduciary guarantee agreements? To answer this problem, the author conducted normative legal research by looking at sociological conditions that occurred or were based on field facts. The results of this study indicate that a fiduciary guarantee that must be made with a Notary Deed, can provide legal protection if the process and procedures are following Law No. 42 of 1999 concerning Fiduciary Guarantee, and Fiduciary Guarantee was born since it was registered. In addition, in the practice of administering fiduciary guarantee agreements in Indonesia, legal protection efforts for creditors have not been fully implemented for fiduciary guarantee agreements. This is due to the juridical and non-juridical inhibiting factors in the form of inconsistencies between the mandates contained in the legal basis of fiduciary guarantees and the practices of their organizers.
 Keywords: legal protection, creditors, fiduciary guarantee

PERLINDUNGAN HUKUM TERHADAP PEMBERI FIDUSIA DALAM PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA KENDARAAN BERMOTOR RODA EMPAT (Studi Di BCA Multifinance Ringroad Medan)

ABSTRACTThe problems experienced by many financial institutions that provide credit and financing services, namely the transfer of objects fiduciary guarantee by the debtor to a third party. The problem is getting worse complicated, due to the transfer of the object of collateral by the debtor and other parties these three (whether through buying and selling, renting, or otherwise) will happen the intersection of rights between a third party as the ruler of the object and the creditoras the legal owner of the object.The problem raised in this thesis is the implementation of execution fiduciary guarantee object through parate execution due to transfer of collateral object fiduciary by the debtor to a third party. Legal protection for banks BCA multifinance in the execution of the object of fiduciary guarantee against the object of the fiduciary guarantee that has been transferred to a third party. Types of research used in this research is empirical juridical. This research descriptive research. The source of the data in this study was obtained by collect primary data and secondary data. Data collection techniques in This research is a field study (field research). Data analysis to be carried out in this study is a qualitative analysis.The purpose of the legal implications of the debtor is to transfer the object of collateral fiduciary to a third party in a financing agreement, resulting in the fiduciary agreement becomes null because in the fiduciary agreement the object Fiduciary guarantee is one of the important elements of a fiduciary agreement there is a legal consequence if an object of the fiduciary guarantee is lose their property rights.Legal protection for creditors in a fiduciary guarantee agreement born from the making of a deed of imposition of a fiduciary guarantee made notarial, and continues to be confirmed by registration with the Fiduciary Registration Officein order to obtain a fiduciary certificate. By registering the guarantee fiduciary, then the principle of publicity is fulfilled this is a guarantee of legal certainty to creditors in returning their receivables from the debtor.Keywords: Legal Protection, Execution, Fiduciary Guarantee, Vehicle Four Wheel Motor

Perlindungan Hukum Pendaftaran Jaminan Fidusia Secara Online Melalui Kantor Notaris Nurhasanah, SH, M.Kn

This study aims to identify and identify: (1) the implementation of fiduciary guarantee registration at the law and human rights office through the Notary Nurhasanah, SH, M.Kn office, (2) online obstacles in registering fiduciary guarantees at the law and human rights office through Notary office of Nurhasanah, SH, M.Kn and (3) solutions and solutions in overcoming obstacles in registering fiduciary guarantees at the law and human rights office through the office of Notary Nurhasanah, SH, M.Kn. This research is an empirical research research using a sociological juridical approach, which is a type of research that emphasizes field research based on data obtained from field research or certain places. The resource persons of this research are Notary Nurhasana, SH, M.Kn. The sampling technique used is purposive sampling. The analytical method used in this research is qualitative analytical thinking method and the conclusion is drawn using inductive thinking method. The results of this study indicate that the registration of fiduciary guarantees with this online system makes it easier for notaries to register fiduciary guarantees and does not take a long time where registration can be completed within a few minutes within a period of 30 (thirty) days from the signing of the fiduciary guarantee deed in order to obtain the legal force of the fiduciary guarantee deed. Obstacles in the electronic fiduciary registration process are incomplete data provided by the bank, and the unprepared Information Technology (IT) device to support the implementation of national electronic fiduciary registration. new fiduciary guarantee and immediately register the fiduciary guarantee online through a notary.

PERLINDUNGAN HUKUM TERHADAP DEBITUR DALAM PENARIKAN SITA JAMINAN FIDUSIA TANPA MELALUI LELANG PENGADILAN

Debtors as legal subjects are entitled to legal protection, both preventive and repressive, written or unwritten. The legal protection provided is an implementation of the principle of recognition and dignity that is rooted in Pancasila and the Constitution. This study aims to analyze the protection and legal remedies of the debtor in withdrawing the confiscation of fiduciary guarantees without going through a court auction. This research is a normative legal research. The results of this study include: The debtor's legal effort in withdrawing a fiduciary guarantee without going through a court auction is to ask the creditor to show a Fiduciary Guarantee Certificate issued by the Fiduciary Registration Office. If the creditor cannot show a fiduciary guarantee certificate, then the debtor does not need to submit the collateral, because the creditor does not have the right to execute the collateral.

Access Rights of the Electronic Fiduciary Registration System for Corporation in Indonesia

In the modern era, legal services in Indonesia have to transform from conventional to electronic-based. One of the legal services that have been transformed is the electronic fiduciary registration system. The electronic fiduciary registration system is a breakthrough in the field of legal services that aims to increase state revenue through non-tax state revenues and create legal services in the registration of fiduciary guarantees that are faster, easier, cheaper and more accurate. Statistically, the enactment of an electronic fiduciary registration system since 2013 has provided a positive trend that has prompted the government to continue to improve both facilities and infrastructure regarding the electronic fiduciary guarantee registration system. Its existence is currently regulated in the Regulation of the Minister of Law and Human Rights Republic Indonesia Number 25 of 2021 concerning Procedures for Registration, Amendment and Abolition of Fiduciary Guarantees. This regulation regulates new content that has not been regulated in the previous regulation, namely the regulation regarding access rights for electronic fiduciary registration for corporations as one of the applicants. The granting of access rights to corporate is inseparable from the use of fiduciary guarantees as one of the guarantees in the credit distribution process by corporate in the form of the banking industry, non-bank financial industry, and other service industries.

Legal Consequences of Fiduciary Registration Over Time

The needs and desperateness of the community in its economy make the transaction also buy goods with the object of buying and selling vehicles that are used as objects of fiduciary guarantee. Vehicle / object of fiduciary guarantee in can be credited to the financing/ leasing institution with payment in installments. Against guarantees for repayment of the financing is charged guaranteed in a fiduciary. In practice the transfer of the fiduciary guarantee without being known by the financing institution. Even though the transfer or sale and purchase of the fiduciary guarantee object must be registered in advance to the Fiduciary Registration Office. This resulted in the emergence of cases that can be punished debtor. The problem is how the legal consequences for debtors who sell fiduciary guarantees with late registration and how tosettle against creditors who sell the fiduciary guarantee. The approach method used is the empirical juridical approach, the research is analytically descriptive, the approach is used to analyze qualitatively. Regarding the legal consequences of transferring fiduciary guarantee objects that are transferred or sold to another party. The right of creditors to get repayment on the loans granted is not lost even if it results from the invalidity of the fiduciary guarantee certificate, but results in creditors no longer having preferent rights. Law Enforcement through the means of criminal law is delayed, so there is no discussion, whether in this case there is a criminal act in the form of diverting, pawning or renting goods that become objects that become fiduciary guarantees without the permission of fiduciary recipients as referred to in Article 23 Jo Article 36 of Ri Law No. 42 of 1999 concerning Fiduciary Guarantee allegedly carried out by WARMO Bin (alm) CARWANbrothers.

Role and Responsibility of Notaries in Making of Authentic Deed Role and Responsibility of Notaries in Making of Authentic Deed for Registration Electronic Fiduciary Guarantee (Online System)for Registration Electronic Fiduciary Guarantee (Online System)

In principle, the strength attached to the Authentic Deed made by a Notary is perfect(volledig bewijskracht) and binding (bindende bewijskracht), provided that the deed has metformal and material requirements. Given the importance of the registration function of fiduciarysecurity, the Fiduciary Security Law then regulates it by requiring every fiduciary guarantee tobe registered with the competent authority. The problem that exists is that there is often amismatch between the Fiduciary Guarantee Deed and the condition of the object which is theobject of the Fiduciary Guarantee when an electronic registration of the Fiduciary Guarantee iscarried out. Based on these problems, the authors identified several problems as follows: 1) Whatis the legal basis regarding the role of the Notary in making deeds and registering fiduciarysecurity electronically (online system); 2) What is the responsibility of the Notary in issuingauthentic deeds for registration of fiduciary security electronically (online system); and 3) Whatare the obstacles faced by the notary in fulfilling the material truth of the fiduciary guaranteedeed.Specifications research in this thesis is done by analytic descriptive illustrates a problemthat is then assessed and analyzed with the use of primary law, secondary law and tertiary legalmaterials. The method used in this research is normative juridical approach, ie testing andreviewing secondary data. With regard to the normative juridical approach is used, the researchwas conducted in two phases, namely the study of literature and field research are merelysupporting, data analysis used is the analysis of qualitative juridical, ie the data obtained, eitherin the form of secondary data and primary data were analyzed with without using statisticalformulas.The results show that the legal basis for the registration process for fiduciary securityelectronically (online system) refers to the Regulation of the Minister of Law and Human RightsNumber 10 of 2013 concerning Electronic Fiduciary Registration Procedures. The responsibilityof a notary in issuing authentic deeds for registration of fiduciary guarantees electronically(online system) can be fulfilled by examining the correctness of the material and the formal truthof the deeds he has made. Fulfillment of material truth can be obtained from certainty about thematerial of a deed, while formal truth can be obtained from certainty that something of the eventsand facts mentioned in the deed was properly carried out by a notary or explained by the partieswho presented it at the time stated in the deed in accordance with the procedures that have beenspecified in the deed. The obstacle faced by the Notary in fulfilling the material truth of theFiduciary Guarantee Deed is that the Notary does not give the authority by law to carry outchecks / field reviews / investigations on an object of an agreement made in order to fulfill thematerial truth of the documents from the parties.

Implementation Fiduciary Registration According to Finance Ministry, Police, and Financial Services Authority (OJK)

The research aimed to research fiduciary guarantees registration from a legal perspective, especially the executive or administrative regulations. The research examined the existing regulations and laws by analysing primary and secondary data using normative juridical methods. There were three legal material inventory, namely primary legal materials, secondary legal materials, and tertiary legal materials. The research concludes that the fiduciary registration obligations stipulated in the Regulation of Minister of Finance (PMK) Number 130/PMK.010/2012 are not in synchronic with the Financial Services Authority Regulation (POJK) Number 29/POJK.05/2014, which was replaced by the Financial Services Authority Regulation Number 35/POJK.05/2018. Revocation of Regulation of Minister of Finance Number 130/PMK.010/ 2012 by Regulation of the Minister of Finance Number 23/PMK.010/2017 is not accompanied by amendments to the Regulation of the Republic of Indonesia National Police Number 8 of 2011. The loan agreement remains valid if it fulfills the principles of the agreement. It is suggested that relevant institutions, particularly the Financial Services Authority (OJK) as the financial industry supervisor, take initiatives to synchronize all regulations for the implementation of fiduciary registration.

Strengthening Legal Certainty on the Electronic Registration System of Fiduciary Deed in Indonesia

<p>Fiduciary guarantee constitute a type of guarantee commonly used by the business society to obtain loan from Banks or other financial institutions. Administratively, since the government established an electronic fiduciary registration system, the system has in fact, not been fully supported by appropriate legal grounds. This research aims to explore and analyze regulations regarding the legal status of fiduciary agreements along with its electronic registration system and the role of Notary Public with the aim of providing recommendation to the ideal registration system supported by proper laws and regulations. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, comparative approach and conseptual approach. The results of the study essentially emphazied the need for amandement and harmonization of Law No. 45/1999 concerning Fiduciary Guarantee as well as its implementing regulations. Ultimately, the Indonesia fiduciary guarantee and its registration system will always in harmony with the values of legal certainty, justice and usefulness.</p>