PERAN NOTARIS DALAMPENGIKATAN JAMINAN FIDUSIA DI PURWOKERTO

According to Act Number 42 of 1999 on fiduciary guarantee, fiduciary be done in two phase, that is encumbering of fiduciary and registering of fiduciary. Encumbering of fiduciary must be done with act of notary and hereinafter act of notary the have to be registered to the registration office fiduciary. At practice is found by case concerning making act of fiduciary guarantee pursuant to power underhand and then registered to the registration office fiduciary by creditor without debitor have known. Problem investigated in this research involve what are notary role to pushing creditor to registry fiduciary guarantee to the registration office fiduciary and protection of law for creditor in binding fiduciary guarantee that act of fiduciary guarantee just wrote in notary book list. Juridical normative method used in this research. Based on the result, it is concluded that pursuant to article 15 paragraph (2) letter (e) and article 16 paragraph (1) letter (l) from Act Number 30 of 2004 on notary proffesion give role to notary that to pushing creditor for registry act of fiduciary guarantee in the registration office fiduciary. Protection of law to creditor very weak because causing creditor only as concuren creditor so that cannot require the rights have be preferent creditor based Act Number 42 of 1999 on fiduciary guarantee.