Authority and Notary Responsibilities in the Making of the Fidusia Guarantee of the Relationship with the Creditor Protection as Guarantee (Study in West Lombok)

Abstract

UUJF gives the Notary the authority to make a Fiduciary Guarantee deed as regulated in Article 5 of UUJF. This authority raises the responsibility for the Notary to work in accordance with the Law and the Code of Ethics in making an authentic fiduciary guarantee deed and has a perfect proof of value. However, in practice, a fiduciary deed cannot be read and signed by a notary and appearing in front of two witnesses because of the large number and exceeding the reasonableness of the deed made by a notary. The imposition of fiduciary guarantees that still use a power of attorney under the hand is very risky for fiduciary loading by a notary outside the area of the collateral. This happens because there is a blurring of norms in UUJF that does not explain the form of power of attorney that must be used by creditors in the imposition of fiduciary guarantees. The problem is how the rules regarding the reasonableness of the deed made by a Notary Public in making a fiduciary security deed, what are the consequences of money law if the fiduciary deed does not qualify as an authentic deed, and how the use of a power of attorney in the imposition of fiduciary guarantees in the Notary. This study aims to analyze the application of the rules of reasonableness of the deed made by a notary, analyze the legal consequences of the deed that do not qualify as authentic deeds, and analyze the use of a power of attorney in the imposition of fiduciary collateral. This research method uses the Normative-Empris research method. The approach used is the legal, conceptual, and sociological approach. The results of the study are the first, in practice there are still many Notaries who have not applied the rules in the Code of Ethics on the prohibition of making a deed exceeding the fairness limit of 20 deeds per day. Second, a large number of fiduciary deeds are not possible to read, but initialed in each sheet and explained at the end of the deed. Third, there is a blurring of norms regarding the provisions of the form of power of attorney in imposing fiduciary guarantees at UUJF.