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Jurnal Akta
ISSN : 24069426     EISSN : 25812114     DOI : http://dx.doi.org/10.30659/akta
Core Subject : Social,
JURNAL AKTA (eISSN : 2581-2114, pISSN: 2406-9426) is a peer-reviewed journal published by Master Program (S2) Notary, Faculty of Law, Sultan Agung Islmic University. JURNAL AKTA published four times a year in March, June, September and December. This journal provides immediate open access to its content on the principle that making research freely available to the public supports a greater global exchange of knowledge. This journal has been acredited
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AKIBAT HUKUM AKTA OTENTIK YANG TERDEGRADASI MENJADI AKTA DIBAWAH TANGAN Soegeng Ari Soebagyo; Gunarto Gunarto
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1804

Abstract

The study entitled "Legal Effects Against the Authentic Deed of Degradation Becoming a Deed of Hands" aims to recognize the legal consequences of the degraded authentic deed and the responsibility of Notary over the degraded authentic deed to become a deed under the hand. This research uses juridical socio legal research approach, in collecting data more emphasized on source of primary material, in the form of legislation, studying law norms and law science sera theory in addition to interviews to the parties related to the problem in carefully. Based on the method, the research produces principally (i) Authentic deeds can be degraded into deeds under the hand when the requirements of the authentic deed are not met, whether material or formal terms which have the authority to judge them is a court. ) What are the legal consequences of an authentic deed that is deemed to be a deed under the hand does not have legal validity as an authentic deed, only a word under the hand that has no legal force to bind this subject under KUHperdata article 1869 and can be seen in Law no. 2 Year 2014 jo. UU no. (3) Article 51 paragraph (4), (iii) The responsibility of a Notary if The authentic deed he made into a deed under the hand, the Notary may be held accountable; (-) Administrative liability If a Notary is found guilty of violating Article 85 of Law Number 30 Year 2004 which regulates the obligation and prohibition for Notary in carrying out his / her position. (-) Accountability according to Civil Law of this matter as Article 1365 Civil Code, and can be seen In Law no. 2 Year 2014 jo. UU no. Article 49 paragraph (3) of Article 49 paragraph (4), Article 50 paragraph (5), Article 51 paragraph (4) (-) Accountability under criminal law if Notary deliberately falsely authentic deed or intentionally include incorrect information in the authentic deed he madeKeywords: Authentic Deed, Notary, Degradation
KEWENANGAN MAJELIS KEHORMATAN NOTARIS WILAYAH DALAM MEMBERIKAN PERSETUJUAN TERHADAP PEMANGGILAN NOTARIS OLEH PENEGAK HUKUM Udi Hermawan; Munsyarif Abdul Chalim
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1820

Abstract

Referring to the provision of Article 66 Paragraph (1) of Law Number 2 Year 2014, Assembly Honor Notary is authorized to approve the calling of a Notary by law enforcement. The authority of the Assembly Honor Notary is to replace the authority of the Regional Notary Supervisory Board in the case of giving approval to the calling of a Notary by law enforcement as stated in Article 66 Paragraph (1) of Law Number 30 Year 2004, which has been abolished by the Constitutional Court of the Republic of Indonesia through the Decision of the Constitutional Court of the Republic of Indonesia Number 49 / PUU-X / 2012 because it is contradictory to the 1945 Constitution of the State of the Republic of Indonesia. After the enactment of Law Number 2 Year 2014 the authority is reappeared and delegated to the Assembly Honor Notary. The research is empirical juridical research using primary law material, secondary law material, and tertiary legal material. After all the data collected then arranged systematically then analyzed qualitatively, and presented descriptively.The conclusion of this research is that the exercise of the authority of the Assembly Honor Notary in giving approval to the calling of a Notary by law enforcement has been done accordingly in accordance with the provisions of the prevailing laws and regulations and should continue to run as a safeguard against the Notary. A common obstruction is the difficulty of bringing together members of the Assembly Honor Notary when conducting an examination hearing. Related to that, there must be a commitment from each member of the Assembly Honor Notary to be able to perform his / her duties and obligations as a member of the Assembly Honor Notary.Key Words: Authority, Assembly Honor Notary, Calling a Notary.
PELAKSANAANuPERALIHAN HAKuATAS TANAHu BERDASARKAN HIBAHuWASIAT OLEHuPELAKSANA WASIAT BERDASARKAN PERATURANuPEMERINTAH NOMORu24 TAHUNu1997 Awal Candra Pamungkas; Djauhari Djauhari
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1815

Abstract

Research on "Implementation of Land Rights Transition Based on Grants by Testament E ecuti es Based on Go ernment Regulation Number 24 Year 1997" aims to know: (1) How are the legal grounds for registration and transfer of ownership of land based on the grant of wills, (2) registration and transfer of ownership of land based on a grant of probate in Kendal District, (3) How practices, constraints and solutions in the transfer of land rights are based on a grant of probate in Kendal Regency.This research uses empirical juridical approach, empirical juridical approach in this research means that in analyzing the problem is done by combining legal materials (which is secondary data) with primary data obtained in the field.The results of this study indicate as follows: (1) Fundamentally the concept of grants and testaments in the re iew of the  i il  ode defines grants and testaments solely as a ci ic relationship, while in khasanah study of Islamic Law interpreted as piety and ma'ruf. Thus, the concept of grants and testaments is  ery applicable when applied in the community of Kendal Regency, which is predominantly Muslim, (2) Land registration process in the Land Office of Kendal Regency has been done and in accordance with the procedures and requirements mandated in Go ernment Regulation No. 24 Year 1997 on Land Registry. Therefore, the purpose of land registration as intended in Article 3 PP No.24 of 1997 can be realized, (3) The implementation of registration of land rights in the district of kendal in relation to grants and wills goes well, starting from registration in PPAT to Office Land. Factors that hamper the registration process seem to be difficult because of misinformation, objections or objections from other parties, and brokering practices in the management of land registration that is still rife.Keywords: Grants, Testament, Registration and Transfer of Rights, Land Rights
PERAN NOTARIS DAN PEJABAT PEMBUAT AKTA TANAH (PPAT) SEBAGAI PEJABAT PEMBUAT AKTA IKRAR WAKAF (PPAIW) DALAM PENDAFTARAN TANAH WAKAF UNTUK MEWUJUDKAN KEMASLAHATAN UMUM Abdullah Amirudin; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1810

Abstract

Wakaf is one manifestation of love to Allah SWT, seeking ridho 'by donating some of their possessions with the best treasure. Wakaf plays an important role in economic development so as to realize the benefit for all ummah. In practice there are still many of the wakif who have memakafkan some of his property and has been submitted to nadzir, but not yet on the list so that the waqf objects are not teradministrasi well and kebaradaanya still many who have not known its existence.Unregistered wakaf land has caused many problems in the community, such as the cancellation of wakaf land by the heirs as well as the exchange of wakaf land due to the development of many sectors both industrial expansion and construction of public places such as toll road development. The role of a notary publicly acting as an official of the land deed as the official of the deed of pledge of waqf in the registration of wakaf land lies in the making of the pledge of wakaf pledge, as the basis for registration of wakaf land to the national land agency. And the making of deed of exchange of bolsters and release of right to execution of land exchange of wakaf land, so that become base of perfect proof for public benefit. Keywords: notary, wakaf, deed.
TINJAUAN TERHADAP PELANGGARAN KODE ETIK JABATAN NOTARIS DI KABUPATEN PURBALINGGA Yogi Priyambodo; Gunarto Gunarto
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1805

Abstract

An insufficient Notary only owning membership of law but also have to base on responsibility and carrying out of to be august of ethics and prestige. Role and of Notary of vital importance to traffic punish in society, therefore Notary have to earn to run its profession professionally have, high dedication to and also always hold high standing and its prestige by upholding code of ethics Notary. So that can run its duty better as steward of society, a professional have to run its occupation by harmonizing among owned membership by respect code of ethics profession. Ethics is norms, rules and conditions, which must fulfill by a group of one who is conceived of by circle of professional. Therefore, of vital importance to all Notaries to be able to more comprehend of that deed can be told as collision of code of profession. Ethics, how organizational effectiveness Notary Indonesia in giving construction to all Notaries in order not to happen things which harming Notary and served society it.Pursuant to the things hence problems to check in this research: A Violations code of ethics, barriers and solutions Violations of code of conduct, as well as the legal consequences violations of the code of ethics by notary in district Purbalingga.Approach method the used is approach of empirical yuridis and specification of which is used in this research have the character of analytical descriptive research. Pursuant to result of research can be concluded supervisory council area district Purbalingga which acts as watching and collecting facts about the society and finding relations to violation and board of trustees having authority fall of sanctions to offenders, barriers experienced in the form of inadequate infrastructure, while the legal consequences about moral judgment and ethics Notary itself.Keywords : Violation, Code of Ethics
OPTIMALISASI NILAI PEMANFAATAN WAKAF DARI FUNGSI SOSIAL MENJADI EKONOMIS DI KOTA SEMARANG Joko Dwi Widiyanto; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1821

Abstract

The purpose and this research is for the existence of function and benefit of waqf as well as factors influencing the existence of function and manfat of waqf, solution and solution about function and benefit of waqf in society after notarial deed and social function become function in town of SemarangThis research is empirical law research, that is research based on the implementation of optimization of social wakaf utilization value into a frugal function in Semarang City The existence of shifting funngsi and wakaf benefits in Semarang City in the formulation of the transfer function by granting the previous waqf. Factors that affect the function and benefits are by way of selling and the results used to purchase new and broad wakaf data obtained are analyzed quantitatively.Optimizing the benefits of the utilization of waqf from social function into a frugal function in the city of Semarang by the researchers, then at the end of the series of research activities of this Thesis, will be concluded about the practice of transferring wakaf by nazhir Pedurungan Sub-district of Semarang that has been found, the existence of shifting funngsi And Benefits of waqf in Semarang City in the way of testing by granting the previous waqf, factors influencing the existence of the functions and benefits by way of selling and the results used to buy a new waqf, the implementation of the transfer function is done by granting the previous waqf After being dismantled As a waqf object that pole mosque, roof and windows, and the floors derived from the wakaf of the mosque maker's waqf objects is no longer functioned as a waqf object of the mosque that comes from ulin wood, all the wakaf objects that dibabak is granted to Other mosques y Ang need.The reason for the constraints on the function and benefits of wakaf in the community after the notarial deed of the social function became the basic economic function of the practice of transferring wakaf function by nazhir in Kecamatan Pedurungan Semarang City is as follows: Because the mosque can not accommodate the number of jama "ah that happened happened At The first case In the case of the second and the third case Accompanied by the highway Solutions falling out of the consequences of wakaf pengakfungsian practices by nazhir in Pedurungan Subdistrict Semarang City is the community can take advantage of the implementation of the transfer of wakaf function by nazhir in Pedurungan Subdistrict Semarang City, occurred in all cases Has been investigated in the field A practice of transferring the function of waqf by nazhir in Kecamatan Pedurungan there is pro and there is a cons, and the law is not the practice of wakaf pengakfungsian by nazhir in Kecamatan Pedurungan not procedural, As for the solution about Function and benefit of waqf in society after made notary deed from social function become basic security function of practice of transferring wakaf by nazhir in Kecamatan Pedurungan Semarang CityKeywords: Utilization of Endowment and Social Function
KONSEP IDEAL PEMBUATAN AKTA PERJANJIAN KERJA OUTSOURCING WAKTU TERTENTU (STUDI DI BANK JATENG) Chrys Wahyu Indrawati; Sukarmi Sukarmi
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1803

Abstract

Research on "The Ideal Concept of Establishing a Deed of Working Outsourcing of Certain Time (Study In Bank Jateng)" aims to know and analyze outsourcing agreement for certain time in Bank Central Java still cause uncertainty to employees and the ideal concept of employee outsourcing agreement certain time. This research approaches sociological jurisprudence and data collection through interviews, document studies and bibliography, as well as qualitative data analysis.Establishment of Deed of Working Agreement of Outsourcing of Certain Time in Central Java Bank has not applied the principle of freedom of full contract or using standard agreement. The employment agreement still creates uncertainty for employees because of employment agreements such as provisions requiring employees to submit an original diploma that leads to uncertain employee futures because employees do not have a chance to find another job better and there is no provision for contract renewal. In addition, there is still the influence of Central Java Bank in the work agreement between the providers of labor with workers whereas Central Java Bank is not a party to the agreement or the worker has no legal relationship with the Central Java bank. The effect is in terms of placement of labor and the termination of the employment agreement and the absence of a guarantee whether the workers will work continuously on the employment provider. Barriers to employees who have completed a certain time outsourcing agreement that is no term extension of the contract and Bank Central Java can not intervene directly on a certain time outsourcing agreement between PT Bhumi Elang Perkasa with labor security unit that is not renewed his contract period. The solution selects recruitment of contract employees who have completed certain time outsourcing agreements as permanent employees and extend the contract period in certain time outsourcing agreement in the provision of security unit personnel between PT Bhumi Elang Perkasa and Bank Jateng Ideally Employee Employee Outsourcing Working arrangements should consider the principles of the agreement, particularly the principle of freedom of contract. Although this is very difficult because of standard agreements that have been standard applied by the company because it is related and influenced by company regulations. Companies should provide a wider protection of labor to create a balanced working relationship. One effort that can be done is to provide an opportunity for the workforce to contribute to determine the contents of the agreement and or to approve or disapprove of certain things that may be done by both parties. One of the provisions that can be accommodated is the provision of the obligation to submit a diploma as a guarantee, the terms of the certainty of employment, and the working relationship between the provider of labor, the user labor and the labor itself.Keywords: Deed, Specific Time Working Agreement, outsourcing
PERAN DAN TANGGUNG JAWAB NOTARIS TERHADAP PELAKSANAAN PENDAFTARAN BADAN HUKUM PERSEROAN TERBATAS MELALUI SISTEM ONLINE Erina Permatasari; Lathifah Hanim
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1814

Abstract

The aims of this research were to looking for and analyzing: 1) Company registration procedure by online sysem, 2) Notary’s role and responsibility in the company registration by online system, if had error inputing data, 3)  the law effect of notary’s role and responsibility if had been error inputing data, from UU ITE sight and 1365 KUHPerdata chapter sight. Data using was primary data, secoundary and tersier as supporting data, and then analized by quantitative-descriptive methode.Based on nalizing result had some conclusion that: 1) Registratin company procedure by online system that in generally beginning from company name order and been follow up with making the companies act as the SABH forms in electronics by notary. If the data input was complete and right also had been agree by Law and human Right Ministery so been had Decission Letter of law entity legalacyby Minister. 2) Role of the notary in company registration with online system was since client ask to registration the company until Decission Letter of law entity legalacyby Minister was out. The notary responsibility if done guilty like error inputing data, no related with UU ITE because no chapter about, but with 1365 BW chapter where doing of error inputing data was harming another person so hane to re the harmed with repairing the data and make act changing. Keywords: Notary, Company Resgistration, Online
ANALISIS YURIDIS ATAS PERJANJIAN PERKAWINAN DITINJAU DARI UNDANG-UNDANG NO.1 TAHUN 1974 TENTANG PERKAWINAN DAN IMPLIKASI PUTUSAN MK NO.69/PUU-XIII/2015 Wisda Rauyani Efa Rahmatika; Akhmad Khisni
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1809

Abstract

Act No. 1 of 1974 on Marriage in Article 29, which explains that at the time the marriage took place before the bride who wants to do a wedding in which the consent of both parties must make a marriage agreement in writing beforehand. However, the fact that an Indonesian citizen who is married to foreign citizens who perform mixed marriages, filed a petition to the Constitutional Court relating to Article 29 of the Marriage Act. Indonesian citizen that feels aggrieved because when they wanted to buy a flat can not be done because the rejection of purchase from the developer because the buyer is married to citizens of foreign, which in Article 35 of the Marriage Law that property acquired during the marriage become community property, then in Article 21 UUPA that only citizens of Indonesia who can both have property rights. Therefore, the applicant felt disappointed, harmed and human rights have been usurped by their rules.The formulation of the problem in this research are: 1) What about the implications of the Constitutional Court. No. 69 / PUU-XIII / 2015 against the marriage contract stipulated in Law No.1 of 1974 on Marriage? 2) How is the implementation of the agreement is a marriage in the Act No.1 of 1974 on Marriage after the decision of the Court. 69 / PUU-XIII / 2015? 3) how the barriers and solutions in implementing the agreement is a marriage in Act 1 of 1974 on Marriage Following the Ruling of the Constitutional Court. 69 / PUU-XIII / 2015?The method used in this thesis is a normative juridical legal research. Ie normative legal research legal research conducted by reviewing the materials of the legislation and other materials derived from the literature.The results of this study are: 1) That the decision of the Court No.69 / PUU-XIII / 2015 are final, binding, and binding on all the parties, both litigants, agency, government law and notary 2) that the manufacturing operations after the marriage covenant decision of the Court. 69 / PUU-XIII / 2015, namely, which initially manufacture the marriage contract according to Law No.1 of 1974 on Marriage made before the marriage is done but with the Constitutional Court's decision No.69 / PUU-XIII / 2015 the agreement is made before the marriage dapan marriage took place or after held 3) in the manufacture of the marriage covenant are obstacles that happen is if the parties want to make the marriage covenant are lying or data used by the parties do not fit their therefore a Notary should be more careful and cautious associated with the those who want to make arrangements.Keywords: Marital Agreement, Decision of the Constitutional Court, Notary
AKIBAT HUKUM JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN MENURUT UU NOMOR 42 TAHUN 1999 Muhammad Hilmi Akhsin; Anis Mashdurohatun
Jurnal Akta Vol 4, No 3 (2017)
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v4i3.1825

Abstract

ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects

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