Strength of Fiduciary Deed in the Implementation of Bad Credit Execution by Financial Institutions

• Main Authors: Mezi Okta Yolanda, Busyra Azheri, Wetria Fauzi
• Format: Article
• Language: English
• Published: International journal of multicultural and multireligious understanding 2020-07-01
• Series: International Journal of Multicultural and Multireligious Understanding
• Subjects: fiduciary deed; notary; execution
• Online Access: https://ijmmu.com/index.php/ijmmu/article/view/1726

As a result of a Fiduciary Guarantee that is not made a fiduciary certificate or in authentic form before a Notary Public, the Fiduciary Guarantee object has no immediate execution rights. When there is default or congestion from the consumer, the financial institution cannot execute the object of the guarantee. Financial institutions actually execute unilaterally without going through relevant government agencies and based on applicable laws. The making of a fiduciary deed by a notary is carried out through two stages in accordance with Law Number 42 of 1999 Concerning fiduciary guarantees, namely through the stages of loading and registration. Charges with fiduciary guarantees are made with a notarial deed, the notary is required to make a fiduciary guarantee deed by taking into account the procedure for loading, loading fees and the period of loading. After the fiduciary guarantee deed has been signed by the parties concerned, after that the registration of the fiduciary deed will be registered at the fiduciary registration office. As a result, the strength of the fiduciary deed made by a notary setting the position of the fiduciary deed and the role of the notary in making fiduciary deed. 1) Law Number 42 of 1999 concerning Fiduciary Guarantee states that the person authorized to make a Fiduciary Deed is a notary, while Article 17 of Law Number 2 of 2014 amendments to Law Number 30 of 2004 concerning Notary Position stipulates that the Notary Public is only authorized to make an authentic deed in the jurisdiction or jurisdiction.Obstacles in the settlement of bad debts, namely the existence of resistance by the debtor against the execution auction plan that does not have a clear legal basis, because it is only based on unilateral recognition without proof or acknowledgment from the Debtor. Because legally the position of the debtor as the creditor holding the Fiduciary Guarantee is already strong, because all the guarantee documents are notarized and based on the law, the document is an authentic deed that has perfect proofing power before the judge.