Role and Responsibility of Notaries in Making of Authentic Deed Role and Responsibility of Notaries in Making of Authentic Deed for Registration Electronic Fiduciary Guarantee (Online System)for Registration Electronic Fiduciary Guarantee (Online System)

Abstract

In principle, the strength attached to the Authentic Deed made by a Notary is perfect
(volledig bewijskracht) and binding (bindende bewijskracht), provided that the deed has met
formal and material requirements. Given the importance of the registration function of fiduciary
security, the Fiduciary Security Law then regulates it by requiring every fiduciary guarantee to
be registered with the competent authority. The problem that exists is that there is often a
mismatch between the Fiduciary Guarantee Deed and the condition of the object which is the
object of the Fiduciary Guarantee when an electronic registration of the Fiduciary Guarantee is
carried out. Based on these problems, the authors identified several problems as follows: 1) What
is the legal basis regarding the role of the Notary in making deeds and registering fiduciary
security electronically (online system); 2) What is the responsibility of the Notary in issuing
authentic deeds for registration of fiduciary security electronically (online system); and 3) What
are the obstacles faced by the notary in fulfilling the material truth of the fiduciary guarantee
deed.
Specifications research in this thesis is done by analytic descriptive illustrates a problem
that is then assessed and analyzed with the use of primary law, secondary law and tertiary legal
materials. The method used in this research is normative juridical approach, ie testing and
reviewing secondary data. With regard to the normative juridical approach is used, the research
was conducted in two phases, namely the study of literature and field research are merely
supporting, data analysis used is the analysis of qualitative juridical, ie the data obtained, either
in the form of secondary data and primary data were analyzed with without using statistical
formulas.
The results show that the legal basis for the registration process for fiduciary security
electronically (online system) refers to the Regulation of the Minister of Law and Human Rights
Number 10 of 2013 concerning Electronic Fiduciary Registration Procedures. The responsibility
of a notary in issuing authentic deeds for registration of fiduciary guarantees electronically
(online system) can be fulfilled by examining the correctness of the material and the formal truth
of the deeds he has made. Fulfillment of material truth can be obtained from certainty about the
material of a deed, while formal truth can be obtained from certainty that something of the events
and facts mentioned in the deed was properly carried out by a notary or explained by the parties
who presented it at the time stated in the deed in accordance with the procedures that have been
specified in the deed. The obstacle faced by the Notary in fulfilling the material truth of the
Fiduciary Guarantee Deed is that the Notary does not give the authority by law to carry out
checks / field reviews / investigations on an object of an agreement made in order to fulfill the
material truth of the documents from the parties.