KEDUDUKAN AKTA JAMINAN FIDUSIA OLEH NOTARIS TERHADAP REALISASI KREDIT

Abstract

The advancement of economic and trade development automatically followed by credits increase based on fact that not every one can handle capital demand by their own. In other hand, credits facility itself need a guarantee for the credit's payback that had been distributed. For debtor, a good guarantee is a guarantee that not paralyze their everyday business. However, for creditor, a good guarantee is a guarantee that give a safety and law certainty that their credit will be payback on time. The practical demand that contrary each other aforementioned therefore give rise of fiduciary parnntee institutions. The demand for this fiduciary guarantee institution was also an react for existing guarantee institutions, that no longer appropriate with society situation and needs. Therefore, the problems formulation are : 1. Are the requirement by UU No. 42/1999, about object, nature and requirement of fiducia has protect the Parties?2. How effectiveness of notary public certificate as fiducia guarantee certificate as fiducia guarantee certificate on the credit process? 3. How responsibility of notary public that made fiducia guarantee certificate, if there is any dispute? The methodology is empirical juridical methods, with analysis descriptive and respondent choose randomly as a sample. Fiducia guarantee certificate by notary public is a requirement for credits realization. Fiducia guarantee certificate by notary public give ease and effectiveness for fiducia receivers to make administration or examination to the guaranteed objeck, and give law certainty for creditor to get back the credit that had distribute. As an official that made Fiducia Guarantee Certificate, Notary Public have responsible for every notation or event in Fiducia Guarantee Certificate.