Implikasi Hukum dan Kekuatan Pembuktian Akta Jaminan Fidusia yang Penandatanganannya Tidak Dilakukan di Hadapan Notaris

Abstract

Notaries must sign the deed in front of the parties and witnesses, but in practice this signing is often not done in front of the parties and witnesses, giving rise to legal implications. This research discusses the legal implications of signing a deed that is not carried out in the presence of a notary and the evidentiary strength of a fiduciary guarantee deed whose signing is not carried out in the presence of a notary. The research method used is normative research, using a statutory approach and a conceptual approach, using secondary data which will be analyzed using descriptive analysis. The results of this research are that the legal implications of signing a deed that is not done in the presence of a notary means that the deed will turn into a private deed. Therefore, if the fiduciary guarantee deed is made privately, it does not fulfill the provisions of Article 5 paragraph (1) UUJF, so the deed becomes invalid and cannot be registered at the Fiduciary Registration Office and the evidentiary power of the fiduciary guarantee deed whose signing is not carried out in before a notary, making the deed only have the power of proof of a private deed, a private deed only has the power of formal proof, namely if the signature on the deed is acknowledged (in this case it is proof of recognition) which means the statement stated in the deed recognized and justified.