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.

KEYWORDS: Fiduciary Guarantee, Minister, Legal Certainty.