KEABSAHAN AKTA JAMINAN FIDUSIA BERDASARKAN SURAT KUASA DI BAWAH TANGAN YANG DIGUNAKAN PERUSAHAAN PEMBIAYAAN GUNA PEMBEBANAN JAMINAN FIDUSIA

PUTRA, CAHYA HAMZAH and Ridwan, Ridwan (2019) KEABSAHAN AKTA JAMINAN FIDUSIA BERDASARKAN SURAT KUASA DI BAWAH TANGAN YANG DIGUNAKAN PERUSAHAAN PEMBIAYAAN GUNA PEMBEBANAN JAMINAN FIDUSIA. Master thesis, Sriwijaya University.

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Abstract

Fiduciary deed is an authentic deed made by or in the presence of notary for object’s imposition with fiduciary guarantee. In practice, fiduciary deed is in form ofnotarial deed, but finance company often uses privately drawn power of attorney as basis for notary in making fiduciary deed. The absence of special provisions regarding the use of a power of attorney in the imposition of fiduciary guarantee raises problem regarding the validity of fiduciary deed based on the privately drawn power of attorney. The purpose of writing were to find out:notary’s consideration to useprivately drawn power of attorney as the basis for makingfiduciarydeed, validity of fiduciary deed using privately drawn power of attorneyto imposefiduciary guarantee,and responsibility of the finance company for usingprivately drawn power of attorney to impose the fiduciary guarantee. This was empirical normative legal research methods with regulatory approach, conceptual approach and case approach. It was found that notary considered using privately drawn power of attorney if it was in the form of a special privately drawn power of attorney with strict words and conditions given by notary must be met by finance company. Privately drawn power of attorney used by finance company in making fiduciary deed is legal if acknowledged by all parties and not againstlaw. The responsibility of the finance company as the proxy is to provide a report to the principal and register the fiduciary guarantee. Suggestions are notary who made the fiduciary deed should ask for privately drawn power of attorneyto be legalized. The government should have issuing strict regulations regarding the use of power of attorney to impose fiduciary guarantee. Finance companies should not delay making fiduciary deed.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	Company, Deed, Fiduciary, Finance, Notary, Power, Validity
Subjects:	K Law > K Law (General) > K(176)-(177) Collected works (nonserial) K Law > K Law (General) > K1024-1132 Commercial contracts
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Users 903 not found.
Date Deposited:	13 Aug 2019 02:27
Last Modified:	13 Aug 2019 02:27
URI:	http://repository.unsri.ac.id/id/eprint/2870

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