Fidusia

 

Fiduciary is the transfer of ownership rights to an object on the basis of trust provided that the object whose ownership rights are transferred remains in the control of the owner of the object, based on Law Number 42 of 1999 concerning Fiduciary Guarantees.

Fiduciary comes from the Rowawi language, namely fides which means trust. The term fiduciary is also taken from the Dutch language, Fiduciare Eigendom Overdracht and English, Fiduciary Transfer of Ownership which means the transfer of property rights based on trust.

In Law Number 42 of 1999 concerning Fiduciary Guarantees, there are parties who are referred to as Fiduciary Givers and Fiduciary Recipients with the following meanings:

• Fiduciary Giver is an individual or corporation that owns the object that is the object of the Fiduciary Guarantee.

• Fiduciary Recipients are individuals or corporations that have receivables whose payment is guaranteed by Fiduciary Guarantees.

In fiduciary practice, the owner of the property only hands over ownership to another party, but he still owns the ownership. Therefore, there is also the term Fiduciary Guarantee where the transfer of ownership is also accompanied by the provision of guarantees to other parties.

Fiduciary Guarantee is a guarantee right on movable objects, both tangible and intangible and immovable objects, especially buildings that cannot be encumbered with mortgage rights, based on Law Number 42 of 1999 concerning Fiduciary Guarantees.

Fiduciary Guarantee Certificate

Making a Fiduciary Certificate is one of the important things to do in terms of Fiduciary guarantees. You only need to go to the Fiduciary registration office to register the Fiduciary guarantee and it is authorized by a Notary. This certificate will regulate the transfer of object ownership rights on the basis of trust between the creditor and debtor.

After being made by a notary, this certificate will be registered with the fiduciary company and a copy will be given to the debtor. The Fiduciary Certificate gives the power of executorial rights to revoke the Fiduciary Object without going through a Court Decision if the debtor violates the agreement.

Fiduciary Execution Rights

If you are in a situation where the payment of the loan is blocked, the lender will generally exercise his right to take ownership of the goods. However, please note that the execution of taking ownership cannot be carried out arbitrarily and must be in accordance with applicable regulations. The lending party must carry out several stages or procedures before it can carry out execution, namely starting with giving a warning, if the warning is not responded to, then the next warning letter can be sent.

If the second warning letter is still ignored or not answered, then the lender can send a power of attorney for execution. When executing, the lender must also bring evidence of a warning letter, a power of attorney for execution, and a fiduciary certificate to prevent misunderstandings.

Duties of Fiduciary Holders

The party holding the fiduciary must have ethical and legal responsibilities and duties. Here are a few things to note:

• A party who knowingly accepts a fiduciary obligation on behalf of another party must be responsible for acting and managing assets in accordance with the interests of the owner.

• Ensure that no problems or conflicts of interest arise between fiduciary holders and asset owners.

• In accordance with the law, the fiduciary holder is obliged to notify the original condition of the assets sold to the prospective buyer, and will not benefit from the sale of the asset.

• A fiduciary deed remains useful even if the owner of the asset dies, especially if the asset is part of a plantation or other matters that require management and supervision.

SKMHT is one of the supporting documents for those of you who want to apply for a loan from a bank for property payments (KPR, KPA and others). This document has a different role from the APHT (Deed of Burden of Mortgage). However, both of them can be accompaniments to obtaining funding from banks in cases that will be explained in more detail later.

SKMHT is an abbreviation of Power of Attorney for Imposing Mortgage Rights. The party authorized to make this document is a notary or PPAT. As a differentiator, the position of a notary is appointed and dismissed by the Ministry of Law and Human Rights. Meanwhile, PPAT is appointed and dismissed by the National Land Agency. In the field, many notaries later doubled as PPAT.

Basically, the making of this letter is done because the Deed of Assignment of Mortgage has not been made. Meanwhile, without APHT, the loan cannot be disbursed. This is because the one who can sign the APHT is the owner of the property certificate.

For that, we need to change the name first on the property certificate that we will take. Therefore, we need a power of attorney to impose mortgage rights and a deed of sale and purchase.

After the signing of AJB and SKMHT, the developer or seller has legally received a payment guarantee. If the Power of Attorney for Imposing Mortgage has been made, the property certificate can be reversed on behalf of the buyer. At the same time, the process of making APHT can be carried out. After the manufacturing process is complete, the loan funds submitted can be disbursed.

by: zhifanious