PEMBUATAN AKTA FIDUSIA OLEH NOTARIS DALAM KAITANNYA DENGAN UNDANG-UNDANG NOMOR 2 TAHUN 2014 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS DALAM RANGKA MEWUJUDKAN KEPASTIAN HUKUM
Daftar Isi:
- Notary is public official who is authorized to make an authentic deed and has other authorities as referred to in the Regulation Number 2 of 2014 concerning the amandements to Regulation Number 30 of 2004 Concerning Notary Positon. An authentic deed contains the concept of truth where the authentic deed proves not only that the parties have explained what is written in the deed, but also that what is explained in the deed is true. One of the authentic deeds is the fiduciary deed. Latery, many Notaries have found to make fiduciary deeds with a number that is out of the ordinary-preparing more than 20 (twenty) deeds in a day. It due to the fact that the Notary did not carry out his/her obligation regulated by the Notary Position Act. The formulation of the problems was how the legal certainty of a fiduciary deed was prepared before a notary in practice, and how the preparation of a fiduciary deed by a notary could guarantee legal certainty for the parties concerned. The study use the normative-empirical legal research method with a legislation approach, conceptual, philosophical, and analytical through analysis of primary, secondary, and tertiary legal materials processed by identifying, comparing, linking and then analyzing the interpretation grammatically, systematically, authentically, and teleologically, and the conclusion was drawn with deductive reasoning. The resulth of the study showed that the legal certainty of fiduciary deed prepared before a Notary in practice was not fully realized and the preparation of fiduciary deed by a notary could guarantee the legal certainty for interested parties if the notary consistenly and consequently complied with and carried out all the provisions contained in The Notary Position Act and Notarized Code of Ethics, and sanctions has to be made severe and there shall be strict rules on limitating the number of fiduciary deeds that can be prepared before a Notary every month. Keyword: Deed, Fiduciary, Notary, Obligation, Readings