Lecturers from Civil Law Department Faculty of Law UGM, in collaboration with Ikatan Notaris Indonesia (INI) (Indonesian Notary Association) Gunungkidul held a legal counseling entitled “Sinau Bareng Jaminan Fidusia dalam Praktik dan Teori” (Study Fiduciary Guarantee Together) on Wednesday (7/8/2024). Approximately there were more than 70 members of INI Gunungkidul that attended this legal counseling that took place in BMT UMMAT Wonosari.
With having Fiduciary Guarantee as the topic, Dr. Ninik Darmini, S.H., M.Hum. and Dr. Taufiq El Rahman, S.H., M.Hum. was present as the speaker. This legal counseling discussed about the basic knowledge in Fiduciary Guarantee along with the issue within the practices. As one of the examples, the practice of Power of Attorney for Fiduciary Guarantee Installation that often harms the parties.
In this legal counseling, the speaker explained that Fiduciary Guarantee is the relatively newest special material guarantee compared to the other guarantee such as Mortgage Guarantee. Furthermore, Fiduciary holds the important role in business development due to the “friendliness” for the business entities. This friendliness of Fiduciary Guarantee is related with the characteristics of the material possession that still possessed by the debtor/ Fiducial Guarantor.
The speakers also explained that Fiduciary Guarantee is the security right in moveable property, both for the tangible and intangible assets as well as the immovable property, especially with the buildings that could not be encumbered with Security Rights as what have been regulated under Law No. 4 Year 1996 concerning Mortgage Rights that still under the possession of the Fiduciary Guarantor, as the collateral for the specific debt payment, granting the Fiduciary Recipient a preferential position over other creditors.
According to the Article, the object of Fiduciary is very broad, but based on the practice, Fiduciary is limited to the motorized vehicles, such as motorcycles, cars, buses, trucks, and so on. This understanding must be clarified to broaden public access to funding using assets other than motorized vehicles as fiduciary obligations. This understanding must also be provided to notaries to help ensure the legality of fiduciary obligations for the parties.
The speakers were guided by the Moderator, Umar Mubdi, S.H., M.A., and ended the guest lecturer with Questions and Answer session.
Author : Umar Mubdi (Lecture From Department of Civil Law)
Editor: Public Relations
