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All Journal Jurnal Ilmu Kenotariatan Journal of Religion, Local Politics, and Law
Reka Dewantara
Brawijaya University
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Certainty of Regulations on the Obligation to Notify the Minister Regarding Legal Status of Fiduciary Collateral Meidiana Indah Lestari; Reka Dewantara; Mohammad Hamidi Masykur
Jurnal Ilmu Kenotariatan Vol. 6 No. 1: May 2025
Publisher : Faculty of Law, University of Jember, Indonesia

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Abstract

The Fiduciary Guarantee aims to provide legal certainty for the parties involved; however, inconsistencies and ambiguities in its regulatory framework create contradictions regarding legal certainty. Law No. 42 of 1999, Government Regulation No. 21 of 2015, and Minister of Law and Human Rights Regulation No. 25 of 2021 fail to consistently regulate the obligation to remove fiduciary guarantees and do not provide legal certainty regarding the status of fiduciary objects if their removal is delayed beyond 14 days. This lack of clarity has the potential to harm the public, particularly fiduciary grantors who have fulfilled their obligations but face obstacles in the guarantee removal process. Furthermore, the incomplete regulation on fiduciary removal leads to legal uncertainty. This study examines the Juridical Implications of the Regulation on the "Obligation to Notify the Minister"concerning the validity of the legal status of fiduciary guarantee objects. Although the guarantee terminates upon full repayment of the debt in substance, the absence of an official notification results in the fiduciary object remaining an active guarantee in the system, creating legal uncertainty. This study employs the legal certainty theory and adopts a normative juridical approach combined with a statutory approach. The legal materials used include primary, secondary, and tertiary legal sources, collected through literature research and analyzed using grammatical, systematic, and extensive interpretation.
When Sovereign Investment Meets Banking Regulation: The Legal Implications of Danantara's Control over State-Owned Banks Reka Dewantara; Tajwinder Singh
Journal of Religion, Local Politics, and Law Vol. 2 No. 3 (2026): Institutional and Social Transformation in Contemporary Society
Publisher : PT Pro Panoramic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64595/jrlpl.v2n3.p331-350

Abstract

The establishment of Danantara (Badan Pengelola Investasi Daya Anagata Nusantara) as the state investment holding introduces a new governance structure for Indonesia's state-owned banks, raising important questions about banking regulation, supervisory independence, and the public mandate of state-owned financial institutions. Existing banking legislation provides limited guidance on how this institutional arrangement should be reconciled with prudential banking principles and the established allocation of regulatory authority. This study examines the legal consequences of Danantara's controlling shareholding over Indonesia's Himbara banks through normative legal research employing statutory, conceptual, and comparative approaches. The analysis focuses on the interaction between corporate control, banking supervision, and financial governance within Indonesia's legal framework. The study finds that the current regulatory framework leaves unresolved issues concerning the separation between ownership and supervisory functions, the preservation of prudential governance standards, the institutional independence of financial regulators, and the public-service orientation of state-owned banks. These gaps create legal uncertainty regarding accountability and regulatory coordination in the governance of state-owned banking institutions. The article argues that these challenges require a differentiated regulatory approach that distinguishes policy-driven state ownership from conventional corporate control. It proposes a legal framework for policy-based controlling shareholdership to clarify the allocation of rights and responsibilities, and to establish regulatory safeguards applicable to sovereign investment holdings in the banking sector. This framework contributes to the broader discussion on sovereign wealth fund governance and banking regulation by offering a conceptual model that may guide future legislative and regulatory reforms in Indonesia
Co-Authors Meidiana Indah Lestari Mohammad Hamidi Masykur Tajwinder Singh