Legal Writing / Thesis entitled A Juridical Analysis of the Registration of Fiduciary
Security in Loan Agreements as a Protective Legal Measure for Creditors. This thesis discusses
the legal analysis of fiduciary registration in loan agreements and its implications for legal
certainty for both the fiduciary giver and the fiduciary receiver. Fiduciary security is an
accessory agreement that must be registered to fulfill the principles of publicity and legal
certainty, as regulated in Article 11 paragraph (1) of Law Number 42 of 1999 concerning
Fiduciary Guarantee. However, in practice, there are still cases where fiduciary guarantees are
not registered, and the collateral object can be transferred to another party, leading to legal
uncertainty.
Based on the results of the study, fiduciary registration provides legal protection and
the right of execution through a fiduciary certificate that has permanent legal force. However,
its implementation is often hindered by a lack of public legal awareness, weak supervision, and
the ambiguity of the legal norms themselves. Viewed from the perspective of Gustav
Radbruch’s legal certainty theory, clear and firm legal norms are needed to prevent multiple
interpretations and ensure effective law enforcement. This research concludes that fiduciary
registration is essential in realizing legal certainty, but it requires consistent implementation
and improved public understanding of the law.