Juridical Consequences of the Centralistic Fiduciary Deed

Reza Tri Handoko, Dahlil Marjon, Syofirman Sofyan


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.


Juridical Consequences; Fiduciary Guarantee Deed; Centralistic

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Books and Journals

Adi Rianto, Social and Legal Research Methodology, Granite, Jakarta, 2004

Ikhsan Bintang Arya Nurudin et al, Implementation of Online Fiduciary Registration by Fiduciary Creditors (A Case Study at a People's Credit Bank in Semarang City), Volume 5, No. 3, 2019, Dipenogoro Law Journal

Lampung Ministry of Law and Human Rights Held a Fiduciary Security Service Outreach written by the Lampung Regional Office on August 17 2017 online at http://lampung.kemenkumham.go.id/pusat-informasi/artikel/2334-kemenkumham-lampung-sel Host-socialisasi-layanan-jaminan-Fidusia accessed on 22 June 2019 at 20.12 WIB

Mamudji Sri, et al., Legal Research and Writing Methods, Faculty Publishing Board Law of the University of Indonesia, Jakarta, 2005

Marulak Pardede, Implementation of Fiduciary Guarantee in Providing Credit in Indonesia, National Legal Development Agency, National Law Development Agency, Ministry of Law and Human Rights of the Republic of Indonesia, Jakarta, 2006

Munir Fuady, Fiduciary Guarantee, PT. Citra Aditya Bakti, Bandung, 2000

Nurhan, Juridical Analysis of Fiduciary Guarantee Registration to Strengthen Legal Certainty, Faculty of Law, Indragiri Islamic University, 2018, p. 9, online at http://jurnal.utu.ac.id/jcivile/article/viewFile/472/391 accessed on 16 September 2019 at 12.42 WIB.

Soerjono Soekanto, Introduction to Legal Research, UI Press, Jakarta, 2006


Results of an interview with Yudi Yuliadi (Head of the Fiduciary Evaluation and Reporting Section of the Directorate General of General Legal Administration), Jakarta, March 16, 2020.

Result of interview with Mohamad Taufik Syaifudin Prajitno (Staff of the IKNB 2B Supervision Department, Sub Division of 4A Financing Institution Supervision, Financial Services Authority of the Republic of Indonesia).

Result of interview with Notary Public & PPAT Fardian (member of the Notary Central Supervisory Council), Jakarta on March 23, 2020.

DOI: http://dx.doi.org/10.18415/ijmmu.v8i1.2325


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