Rr. Rina Antasari
Universitas Islam Negeri Raden Fatah Palembang, Indonesia

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Urgency of Legal Reformulation and Sanction Enforcement on Fiduciary Guarantee Roya in Indonesia Sri Turatmiyah; Rr. Rina Antasari; M. Syaifuddin; Erniwati Erniwati; Conie Pania Putri; Dini Chairani
Nurani Vol 26 No 1 (2026): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v26i1.31680

Abstract

The cancellation of fiduciary security registration (roya) remains a recurring legal issue in Indonesia due to creditors’ failure to deregister fiduciary guarantees following debt settlement. The lack of effective sanctions for non-compliance generates legal uncertainty and undermines debtor protection. This study aims to analyze the normative weaknesses in the regulation of fiduciary security deletion and to formulate a strengthened legal framework based on legal certainty and debtor protection principles. This study adopts a normative juridical approach employing statutory and conceptual analyses. Legal materials were examined through library research and complemented by interviews with relevant practitioners and government officials to provide contextual insights into the implementation of fiduciary security deletion. The data were analyzed qualitatively using legal interpretation and doctrinal analysis.The findings reveal that although the obligation to delete fiduciary security has been regulated by law, its implementation remains ineffective due to the lack of explicit sanction provisions for non-compliant creditors. This study contributes by proposing a reformulation of fiduciary security regulations through clearer creditor obligations, the imposition of administrative and civil sanctions, and stronger supervisory mechanisms. The implications are intended for lawmakers, government agencies, and financing companies to strengthen compliance and legal certainty in fiduciary security practices.