Principles of Publicity Registration of Fiduciary Guarantee Rights Online System

Rahman, Abdur and Prasetyawati, Endang (2019) Principles of Publicity Registration of Fiduciary Guarantee Rights Online System. Doctoral thesis, Untag 1945 Surabaya.

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Abstract

Fiduciary guarantee registration is very important, because it will give birth to material rights that guarantee the protection of creditors. At this time online fiduciary registration (online system) is carried out by a Notary, based on the password owned. The authority of the Notary is based on a Circular of the Director General of General Legal Administration Number AHU-06.OT.03.01 of 2013 concerning Enforcement of the Administrative System for Electronic Registration (Online System). The product of fiduciary registration is a fiduciary certificate which has the executorial power of objects of fiduciary objects when the debtor does not carry out the agreed achievements. Meanwhile juridically, the position of the circular letter in Law Number 12 of 2011 concerning the Establishment of Legislation is not a legal norm, so it does not have legality. In this dissertation, the following problems were raised: 1) What is the essence of the publicity principle as one of the characteristics of the material rights of fiduciary guarantees?; 2) Why does online fiduciary guarantee registration (online system) impede public access to fiduciary collateral rights information? To analyze the problems in this study the theory is used and of the concepts used is agreement theory, the theory of law objectives which consists of the theory of legal justice, the theory of legal certainty, the theory of the benefits of law, which uses authority theory and the theory of legal protection. The method used is a normative legal research method. The results of the problem analysis in the study show that online fiduciary registration (Online System) to fulfill the principle of publicity with the aim of ensuring legal certainty and the public is aware of the imposition of objects guaranteed objects. However, fiduciary registration with this system does not reflect the principle of publicity, because only Notaries can open the registration access with the password they have, while the general public cannot access because they do not have the password. In addition, the obligation to carry out roya by the debtor when the credit is paid off, also cannot be done, even though when the debtor will carry out legal actions related to the collateral object will experience difficulties. For this reason, it is recommended that the password for fiduciary registration should be given to the public to protect their interests. Likewise, it is suggested to the debtor to immediately do a roya when the credit is fully paid, there is no difficulty in the future.

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