The Implications Of Notary Negligence On Unregistered Fiduciary Guarantee Deeds

DOI

10.2991/978-2-38476-531-7_58How to use a DOI?

Keywords

Fiduciary Guarantee Deed; Notary Negligence; Accountability; Executorial Power

Abstract

This study analyzes the legal implications of notary negligence in failing to register fiduciary guarantee deeds in Indonesia. Fiduciary guarantees provide creditors with executorial power to enforce their rights efficiently when debtors default, making proper deed drafting and registration essential for legal certainty and creditor protection. However, in practice, many notaries neglect their obligation to register these deeds with the Directorate General of Legal Administrative Affairs (Ditjen AHU), often due to administrative oversight, limited understanding of legal consequences, or incorrect assumptions about responsibility for registration. Such negligence eliminates the executorial force of fiduciary deeds and significantly weakens the creditor’s legal standing. Using a normative legal research approach complemented by empirical insights, this study examines notaries’ duties under Law Number 2 of 2014 concerning Notary Position. As public officials, notaries are required to act diligently and are prohibited from causing harm to the parties they serve. Failure to register fiduciary deeds constitutes a breach of these obligations and may result in civil or administrative sanctions. The findings underscore the need for stronger supervision, improved enforcement, and enhanced legal education for notaries. Strengthening accountability and regulatory oversight is crucial to safeguarding creditor rights, reducing legal uncertainty, and ensuring the effectiveness of fiduciary guarantees in Indonesia’s credit system.

Copyright

© 2025 The Author(s)

Open Access

Open Access This chapter is licensed under the terms of the Creative Commons Attribution-NonCommercial 4.0 International License (http://creativecommons.org/licenses/by-nc/4.0/), which permits any noncommercial use, sharing, adaptation, distribution and reproduction in any medium or format, as long as you give appropriate credit to the original author(s) and the source, provide a link to the Creative Commons license and indicate if changes were made.

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TY  - CONF
AU  - Justin Nicholas
AU  - OK. Isnainul
AU  - Rizki Rizki
PY  - 2026
DA  - 2026/01/03
TI  - The Implications Of Notary Negligence On Unregistered Fiduciary Guarantee Deeds
BT  - Proceedings of the 1st International Forum on Psychology, Law, and Education (IFPLE 2025)
PB  - Atlantis Press
SP  - 594
EP  - 605
SN  - 2352-5398
UR  - https://doi.org/10.2991/978-2-38476-531-7_58
DO  - 10.2991/978-2-38476-531-7_58
ID  - Nicholas2026
ER  -