Analisa Terhadap Resiko Akta Jaminan Fidusia Yang Tidak Di Daftarkan Oleh Notaris Berdasarkan Uu No. 42 Tahun 1999 Tentang Jaminan Fidusia

Abstract

In the past, fiduciaries were bound by making financing agreements by handing over fiduciary guarantees. Underhand financing agreements like this have significant weaknesses and risks considering there is no legal certainty for the creditor or debtor in the agreement. Law No. 42 of 1999 concerning Fiduciary Guarantees is an answer to the legal vacuum related to the absence of rules regarding fiduciary in Indonesia before. Fiduciary guarantees when there was no Fiduciary Guarantee Law and after the existence of the Law there was a big difference. The law stipulates that fiduciary deeds must be registered with the Ministry of Law and Human Rights in the form of a notarial deed. The research method used in this study was to collect and analyze writing materials using the Normative Juridical research method, research that refers to existing and still valid laws and regulations. The method of data analysis is to classify and classify the basis of fiduciary law, then it is analyzed using in-depth legal analysis regarding the substance of the articles of laws and regulations. with deduction techniques, namely studying, explaining, and collecting things that are general to those that are specific, based on legal theories. Furthermore, conclusions are drawn to answer research problems and suggestions for improvement. So that it can be concluded that in practice there are still many institutions that do not register their fiduciaries. This is what makes the writer interested in doing this research. regarding whether the unregistered fiduciary deed has strong legal force and how to resolve it when a risk occurs during the fiduciary guarantee.

Keywords: Unregistered Fiduciary Deed risks for creditors and debtors.