The Notary Responsibilities for Delay in Registration of the Fiduciary Guarantee Deed

Abdul Japar

Abstract


This study aims to analyze how Notaries are responsible for late registration of Fiduciary Guarantees carried out by Corporations. The approach method in this study uses a Juridical Sociological approach and is analytically descriptive in nature. The results of the study show that if there is a delay in registering a fiduciary guarantee, for the sake of legal certainty and as an effort to resolve the delay in registering a fiduciary guarantee object, it is by making a new Fiduciary Guarantee Deed by presenting all the parties concerned to the fiduciary agreement or a notary can also provide other solutions such as making the Affirmation Deed on the Fiduciary Guarantee Deed that was previously made. Based on the Affirmation Deed, fiduciary guarantees that were previously registered late can be immediately registered by the Financing Company.

Keywords: Fiduciary; Guarantee; Registration.


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References


Books:

Witanto, D.Y. 2015. Hukum Jaminan Fidusia Dalam Perjanjian Pembiayaan Konsumen ( Aspek Perikatan, Pendaftaran, dan Eksekusi ), Bandung : C.V. Mandar Maju

Yurizal, 2015. Aspek Pidana dalam Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia, Malang : Media Nusa Creative

Internet:

https://kliklegal.com/simak-implementasi-3-perbedaan-aturan-fidusia-pasca-terbitnya-permenkumham-nomor-25-tahun-2021/ accessed on 10 April 2022 at 23.30

Regulation:

Act No. 42 of 1999 concerning Fiduciary Guarantees

Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making a Fiduciary Guarantee Deed

Government Regulation Number 86 of 2000 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making a Fiduciary Guarantee Deed

Regulation of the Minister of Law and Human Rights Number 10 of 2013 concerning Procedures for Electronic Registration of Fiduciary Guarantees

Regulation of the Minister of Law and Human Rights Number 25 of 2021 concerning Procedures for Registration, Amendment, and Abolition of Fiduciary Guarantees.


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