THE URGENCY OF MANAGING THE FIDUCIARY GUARANTEE REGISTER FOR LEGAL CERTAINTY

Abstract

One of the purposes of Law No. 42/1999 on Fiduciary Guarantee is to fulfill the principle of publicity regarding the guarantee status of an object. To be able to fulfill this principle, a fiduciary guarantee register that applies good archive management is needed, which can provide legal certainty. This article aims to analyze the various problems that occur, which show the urgency to carry out good management of the fiduciary guarantee register in order to create legal certainty. Through the doctrinal legal research method, the regulations governing the management of the fiduciary guarantee register that can overcome problems in the implementation of fiduciary security encumbrance are analyzed, supported by the results of interviews with the Ministry of Law and Human Rights, as well as by conducting direct practice of using electronic fiduciary guarantee services. The results show that the prevailing regulations and policies related to the governance of the fiduciary guarantee register are not sufficient to overcome the problems that occur, such as the possibility of re-fiduciary guarantee of the same object. However, the concept of the flow of procedures for the removal and deletion of collateral listed in the Academic Paper of the Draft Law on Movable Object Guarantees is expected to be a solution to the problem of governance of the fiduciary guarantee register which is part of the movable object guarantee, so as to provide legal certainty for the community.