LATE REGISTRATION OF ELECTRONIC FUDUCIARY GUARENTEE BY NOTARY PUBLIC

ABSTRAK

By :

Wahyu Rushandy  Noor, SH[1], Hj. Noor Hafidah[2], Rachamdi Usman[3]

Keywords : Fiduciary Guarentee, Notary Public, Electronic

The purposes of this research are to study and analyze the legal consequence of not fulfiling the provision of Article 4 Government Regulation Number 21 0f Number 21 of 2015 concerning Period of Regesitration of Fiduciary Guarentee and also study and analyze wheter the Notary Public who is late  to register the fiduciary guarantee can be sanctioned. This reserch  is a normative legal research, using statute approach and conceptual apporoch. The caracteristic of this reserch is prescriptif analysis.

The result of this thesis research show that firstly, the legal consequence to the creditor which regeistration of the fiduciary is late, such creditor does not get his right as creditur and he losses his position as previlege creditur to the others. Of course this is disadvantagecous to the creditor. Secondly : the sanction to the Notary Public who is late to register the electronik fiduciary guarantee are civil and administrative sanction. However, it is necceseery for the Notary Public Supervisory Council and the Regional Supervisiory Council  to pay attention that in determining the  sanction must be in line with the fault of the Notary Public. It also possible that it happenes because the cretitor wants his fiduciary guarantee does not need to be registered in order to avoid the creditor get loss due to debtor’s default.