ANALISIS YURIDIS PENANDATANGANAN AKTA FIDUSIA BERDASARKAN SURAT KUASA DIBAWAH TANGAN

Abstrak

Security Law is related to the law of object. One of the material security institutions known in positive law of Fiduciary. The deed imposition of security must be made in an authentic form, including the fiduciary deed. This is stated in Article 5 UUJF (the Law of Fiduciary Security).the use of a power of attorney is in an authentic form, the power of attorney used for fiduciary is usually underhanded.  The research uses normative legal research with a legal approach. The data collection technique used is libraby research. Data analysis is made using qualitative data analysis methods. Then this analysis in concluded deductively. The results of this study are that the signing of the fiduciary deed has been regulated in article 44 of the UUJN (the law on Notary Position) because the fiduciary deed is a notarial deed which shall be made authentic by of before a notary. The fiduciary security registration process is carried out at the fiduciary Registration Office where the fiduciary recipient of proxy requests fiduciary registration. The use of a pure underhanded power of attorney can be justified by the security law  but UUJF does not explicitly regulate the use of a pure underhanded power of attorney for signing a deed of imposition of a fiduciary security so that when there is a dispute in the future, an underhanded power attorney cannot provide legal certainty because it is vulnerable to denial, both related to legal standing and related to the substance of the object of fiduciary security. The registration of fiduciary security has been clearly regulated both manually and electronically and follows it as well as possible to ensure legal certainty for the registered fiduciary security ded. The underhandedpower of attorney does not have complete evidentiary power, soif the signing of the fiduciary deed is made by power of attorney, the power is question shall be an authentic deed.