QURRATUL AINI FIKASARI, 031224153005 (2014) KEKUATAN EKSEKUTORIAL SERTIFIKAT JAMINAN FIDUSIA YANG DIDAFTARKAN SECARA ELEKTRONIK (ONLINE SYSTEM). Thesis thesis, UNIVERSITAS AIRLANGGA.

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Abstract

Something that is used as the object of fiduciary, obligated to be registered in order to meet the principle of publicity. Based on Minister of Law Regulation Number 9 of 2013 concerning Application for Fiduciary’s Electronic Registration, nowadays the registration process, change, and deletion of fiduciary done electronically through the website of the Directorate general administration of public law of Ministry of Law (DG-AHU Ministry of Law). The obligation to register fiduciary serves to third party to let them know that an object has been burdened with the fiduciary and they must honor it. The change of website address and registration process from version 1.0 to version 1.3, the third party can access DG-AHU Ministry of Law website and search for information related to fiduciary object without using the username and password as the time of registration process. Certificate of fiduciary has fulfill the elements of authentic deed and it stated titles "For the sake of Justice Based on God" which is the executorial title in authentic deed, so that the authentic deed of value equivalent to the court decision which is legally binding (inkracht van gewijsde). According to Article 15 paragraph (3) of Fiduciary Law, if the debtor / fiduciary guarantor defaults, then the creditor / fiduciary beneficiary has the right to sell the fiduciary object over his own power. While the way of executing the fiduciary object mentioned under Article 29 paragraph (1) of Fiduciary Law.

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