TANGGUNG JAWAB NOTARIS DALAM PEMBUATAN AKTA JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN DI KOTA PADANG

Abstract

ABSTRAK Notary is an official who has the duty and authority to make deeds and register deeds. Based on Article 5 paragraph (1) of Law Number 42 of 1999 concerning Fiduciary Guarantees, a Notary is an official authorized to make fiduciary deeds, therefore a fiduciary deed must be made notarially. The registration of a fiduciary deed must be registered by a Notary as therecipient of the power of attorney granted by the creditor as stipulated in the Government Regulation of the Republic of Indonesia Number 86 of 2000 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making a Fiduciary Guarantee Deed which states that "Fiduciary Guarantee Registration Officials are officials appointed to receive registration of fiduciary guarantees and submit fiduciary guarantee certificates to fiduciary recipients. "The problems are: 1) What are the factors that cause notaries not to register fiduciary deed. 2) What are the legal consequences for the creditor if the fiduciary guarantee deed not registered. The type of research used is sociological juridical where this research aims to find out what are the factors that cause a Notary not to register a fiduciary deed, with these factors what form is the Notary's responsibility if an error or negligence occurs against a fiduciary deed that is not registered. The research results show that. 1) The notary has responsibility for all work done, whether it is his own mistakes or negligence 2) The creditor only have concurrent rights not preference rights.