KEPASTIAN HUKUM BAGI KREDITUR DALAM SISTEM PENDAFTARAN JAMINAN FIDUSIA SECARA ELEKTRONIK

ABSTRAC With the credit facility, need collateral to secure the loan if the debtor default. As for the form of collateral that can be used one of them is a fiduciary. Therefore as a fiduciary guarantee, institution guarantees to help business and serve society’s demands would be legal guarantees, then in 2013 the government launched a registration system electronically fiduciary is expected to provide legal certainty for the parties. The background of the formulation of the problem arises, is : how is validity of fiduciary guarantee registration electronically and how the legal certainty which obtained creditor in the registration of fiduciary electronically linked to a ban on double guarantee on the object of fiduciary. This paper uses normative legal research methods and conceptual approaches. Fiduciary valid if the agreement which was followed by the imposition of model by notarial deed. Then subsequently fiduciary registration is done by the applicant to fill out the application electronically. Material security interest is registered electronically becomes valid after the lender make payment fiduciary registration, followed by printing setificate fiduciary guarantee. Fiduciary guarantee registration electronically performed to provide legal certainty, but the electronic system updates fiduciary unable to give full legal certainty for the parties, especially for the creditors. Keyword : Electronic Fiduciary, Double Guarante