The Impact of Fiduciary Guarantee Registration Digitalization on Notary Due Diligence Compliance

Abstract

This study aims to analyze the impact of the digitalization of fiduciary guarantee registration on the role of notaries in ensuring compliance with due diligence in the preparation of fiduciary guarantee deeds. This study uses an empirical legal research method with a qualitative approach from a sociological perspective of law. Data collection was conducted through in-depth interviews with notaries who are also land deed makers, direct observation of electronic registration procedures, and documentation studies of laws and regulations, official manuals, and related cases. Then, it was analyzed descriptively qualitatively through data reduction, data presentation, and drawing conclusions. Based on the research, it was concluded that digitalization does not reduce the obligation of notaries to carry out due diligence, but rather expands it. The electronic system operates with a self-input model without automatic authentication. layered, also without cross-checking population data or data motor vehicles, and without the ability to detect digital documents that can manipulated, so that there is a substantial lack of verification that can fully given to Notary Public indirectly. Notaries are the sole gatekeepers of legality and bear civil, criminal, and administrative responsibility for input errors as small as one digit of the frame number. and population identification number. Compliance with due diligence must be guaranteed through multi-layered manual verification and through the formulation of guarantee clauses in the deed. fiduciary guarantee itself.