Tinjauan Hukum Keabsahan Akta Jaminan Fidusia Yang Dibuat Oleh Notaris Di Luar Wilayah Jabatannya (Studi Kasus: Wilayah Kota Pekanbaru

Yufi, Rachmat (2021) Tinjauan Hukum Keabsahan Akta Jaminan Fidusia Yang Dibuat Oleh Notaris Di Luar Wilayah Jabatannya (Studi Kasus: Wilayah Kota Pekanbaru. Other thesis, Universitas Islam Riau.

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Abstract

An underhand deed is not an authentic deed that has perfect proof value. On the other hand, an authentic deed is a deed made by an official appointed by law and has perfect evidentiary power. and repeated by the parties if they want to be used as legal evidence, for example in court. The deed is said to be authentic if it is made before an authorized official. Authentic means legal, a notary is an authorized official in making a deed, then a deed made before a notary is an authentic deed or the deed is valid. The problem in this study is how the validity of the fiduciary guarantee deed made by a notary outside his office area, what are the legal consequences of making a fiduciary guarantee deed by a notary outside his office area and how is the form of supervision of a notary in the city of Pekanbaru, in making a fiduciary guarantee deed by a notary outside the area of office based on the provisions of the applicable law. This research, when viewed from the type of research, can be classified as observational research by means of surveys obtained directly from respondents in the form of interviews and questionnaires. This research is descriptive. This research was conducted at the regional office of the Ministry of Law and Human Rights. The data used in this study include primary and secondary data. The results of the study can be concluded that the arrangement of the position of the fiduciary deed and the role of the notary in the making of the fiduciary deed. Article 5 Paragraph (1) of Law Number 42 of 1999 concerning Fiduciary Guarantees states that the person authorized to make a Fiduciary Deed is a notary, while Article 17 of Law Number 2 of 2014 changes to Law Number 30 of 2004 concerning the Position of a Notary who stipulates that a Notary is only authorized to make an authentic deed in his jurisdiction or area of office. As a result of a Notary making a Fiduciary Deed outside the area of his position, namely getting sanctions in the form of verbal warnings and written warnings which will then be subject to administrative sanctions, sanctions can be in the form of temporary dismissal, respectful dismissal if a fatal mistake is given a dishonorable dismissal. Supervision of Notaries is carried out by the Notary Honorary Council and the Notary Supervisory Council who always provide guidance so that Notaries work in accordance with the provisions of the UUJN and the Notary Code of Ethics. If the Notary is proven to have committed a violation by making a deed outside his working area, the sanctions given are to give a written warning, make a temporary dismissal, and be respectfully dismissed.

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