Juridical Consequences of the Centralistic Fiduciary Deed

Abstract

A centralized Fiduciary Guarantee Deed will make a Notary who performs it suspected and indicated to have committed a violation and this will result in legal consequences and affect the power of proof of the act. The problem in this research is how is the legal effect of centralized Fiduciary Guarantee Deed making, what is the legal consequences of Fiduciary Guarantee Deed registration made by notaries registered by retailers and how to overcome the centralized consequences of making the Fiduciary Guarantee Deed. The method used in this research is juridical empirical. Based on the results of research, the result of the centralized law making the Fiduciary Security Deed is a violation of the Notary Position Law, the Fiduciary Guarantee Law, the Notary Code of Ethics and the PERDKP INI No. 1 of 2017, All Fiduciary Guarantee certificates issued from the registration of a Fiduciary Guarantee Deed carried out by Retail should be declared null and void, because Retail is not regulated in the laws and regulations in Indonesia and is not a legal subject, therefore Retail is not entitled to take legal actions , in this case the registration of the Fiduciary Guarantee Deed.The way to overcome the centralized the creation of the Fiduciary Guarantee Act, which is carried out by the Ministry of Law and Human Rights is in the form of appeals, consultations and outreach to non-bank financial institutions to use Notary services in the regions. The Financial Services Authority does not prohibit Fiduciary centralization because there is no Financial Services Authority Regulation that prohibits it. The Central Honorary Council is still conducting assessments and discussions regarding the making of the Fiduciary Guarantee Deed in a centralized manner so that errors do not occur later. The Notary Central Supervisory Council in dealing with the act of making a Fiduciary deed centrally, namely conducting investigations, providing guidance to Notaries through appeals.