Strength of Fiduciary Deed in the Implementation of Bad Credit Execution ByFinancial Institutions

As a result of a fiduciary guarantee that is not made a fiduciary certificate or in authentic formbefore a notary public, the fiduciary guarantee object has no immediate execution rights. when there isdefault or congestion from the consumer, the financial institution cannot execute the object of theguarantee. financial institutions actually execute unilaterally without going through relevant governmentagencies and based on applicable laws. the making of a fiduciary deed by a notary is carried out throughtwo stages in accordance with law number 42 of 1999 concerning fiduciary guarantees, namely throughthe stages of loading and registration. charges with fiduciary guarantees are made with a notarial deed,the notary is required to make a fiduciary guarantee deed by taking into account the procedure forloading, loading fees and the period of loading. after the fiduciary guarantee deed has been signed by theparties concerned, after that the registration of the fiduciary deed will be registered at the fiduciaryregistration office. as a result, the strength of the fiduciary deed made by a notary setting the position ofthe fiduciary deed and the role of the notary in making fiduciary deed. 1) law number 42 of 1999concerning fiduciary guarantee states that the person authorized to make a fiduciary deed is a notary,while article 17 of law number 2 of 2014 amendments to law number 30 of 2004 concerning notaryposition stipulates that the notary public is only authorized to make an authentic deed in the jurisdictionor jurisdiction.obstacles in the settlement of bad debts, namely the existence of resistance by the debtoragainst the execution auction plan that does not have a clear legal basis, because it is only based onunilateral recognition without proof or acknowledgment from the debtor. because legally the position ofthe debtor as the creditor holding the fiduciary guarantee is already strong, because all the guaranteedocuments are notarized and based on the law, the document is an authentic deed that has perfect proofingpower before the judge.