Karya Ilmiah
TESIS (2147) - Kekuatan Eksekutorial Sertifikat Jaminan Fidusia Yang Didaftarkan Secara Elektronik (Online System)
Something that is used as the object of fiduciary, obligated to be registered
in order to meet the principle of publicity. Based on Minister of Law Regulation
Number 9 of 2013 concerning Application for Fiduciary’s Electronic Registration,
nowadays the registration process, change, and deletion of fiduciary done
electronically through the website of the Directorate general administration of
public law of Ministry of Law (DG-AHU Ministry of Law). The obligation to
register fiduciary serves to third party to let them know that an object has been
burdened with the fiduciary and they must honor it. The change of website
address and registration process from version 1.0 to version 1.3, the third party
can access DG-AHU Ministry of Law website and search for information related
to fiduciary object without using the username and password as the time of
registration process.
Certificate of fiduciary has fulfill the elements of authentic deed and it
stated titles "For the sake of Justice Based on God" which is the executorial title in
authentic deed, so that the authentic deed of value equivalent to the court decision
which is legally binding (inkracht van gewijsde). According to Article 15
paragraph (3) of Fiduciary Law, if the debtor / fiduciary guarantor defaults, then
the creditor / fiduciary beneficiary has the right to sell the fiduciary object over his
own power. While the way of executing the fiduciary object mentioned under
Article 29 paragraph (1) of Fiduciary Law.
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