Access to Fiducia Security Electronic Registration Data Now Open to Corporations and Retailers


Marcell Sihombing, Kartini L. Makmur
 

ojk

Seminar organized by the Ministry of Law and Human Rights. Photo by: RES.

 

The government has established a fiducia security electronic registration program through the issuance of Minister of Law and Human Rights Regulation No. 9 of 2013on the Implementation of Fiducia Security Electronic Registration (2013 Regulation).
 
According to the 2013 Regulation, the timeframe for the processing of fiducia security electronic registration applications should take no longer than a single day (the so-called “one-day fiducia service”). However, Freddy Harris, Director General of General Law Administration (Administrasi Hukum Umum – AHU) at the Ministry of Law and Human Rights, recently admitted that the one-day fiducia service had not been effectively implemented to date. Indeed, the whole processing timeframe still requires several days to complete.
 
In order to solve this problem, fiducia security electronic registration will now be processed online via the fidusia.ahu.go.idportal, which means that applicants will no longer need to directly deliver their applications to a physical counter.
 
“We [the Directorate General of AHU] intend to change our way of thinking. The establishment of this online system was spurred by the ineffective implementation of the one-day fiducia servicing program. Moreover, the new online system could also improve the ease of doing business in Indonesia,” asserted Mr. Harris in Jakarta on Tuesday, 15 March 2016.
 
Under the new system, creditors or their representatives can now file fiducia registration applications online. Moreover, fiducia certificates for any successful, completed registration applications will then be issued online automatically and can be printed by the creditors. This is a far more efficient approach when compared to the previous procedure, whereby creditors had to deliver their registrations in person to a fiducia registration office, along with all of the necessary supporting documents, such as notarized fiducia agreements and fiducia guarantee deeds, before they could secure a fiducia certificate.
 
Aside from registration, the new online fiducia portal will also offer information pertaining to collateral items. Indeed, anyone can now find out whether an item has been registered as fiduciary collateral or not by simply searching the system for a debtor’s name, an item’s serial number, or the number of a fiducia certificate.
 
Furthermore, the online system also allows the general public, not only notaries, to access information regarding fiduciary collateral registration. Three parties now have access to such information, namely notaries, corporations, and retailers. “Corporations” refer to banks and financing institutions, while “retailers” are both individuals and companies (both legal entities and non-legal entities).
 
Mr. Harris asserted that the implementation of information-transparency policies would minimize the risk of double collateral, whereby an item is used as collateral for several fiduciary transactions, something that often used to happen when the manual system was still in use. It is hoped that now that anyone can oversee the fiducia-registration process, such practices can be avoided in the future.
 
“This is the era of information transparency, and I believe that information transparency as regards fiducia registration can bring about a positive impact on fiduciary transactions,” asserted Mr. Harris.
 
Mr. Harris did admit that this information could be abused by certain individuals for their own benefit. However, the possibility of this happening is very low, due to the fact that the fiducia portal only provides information about registered collateral items, while detailed information pertaining to debtors is not available for public access.
 
Mr. Harris firmly believes that all information which is ultimately incorporated into the portal will be safe, as his institution, the Directorate General of AHU, now utilizes independent data processing. This means that other parties have no access whatsoever to information processed by the Directorate General of AHU.
 
“The point is, the data belongs to us and is processed by ourselves. We will not sell it to another party, so it is very secure,” asserted Mr. Harris.
 
Offering further insight, Mr. Harris also asserted that the online system currently in use incorporated QR-code technology. So even though creditors can print fiducia certificates individually, their authenticity can ultimately be determined through the unique QR codes which are inscribed on the certificates themselves.
 
Finally, Mr. Harris pledged his guarantee that all processing would take place in real time. This means that any information changes will be immediately updated on the fiducia portal, thereby ensuring legal certainty.

(rfs/sp)

Marcell Sihombing, Kartini L. Makmur
 

ojk

Seminar organized by the Ministry of Law and Human Rights. Photo by: RES.

 

The government has established a fiducia security electronic registration program through the issuance of Minister of Law and Human Rights Regulation No. 9 of 2013on the Implementation of Fiducia Security Electronic Registration (2013 Regulation).
 
According to the 2013 Regulation, the timeframe for the processing of fiducia security electronic registration applications should take no longer than a single day (the so-called “one-day fiducia service”). However, Freddy Harris, Director General of General Law Administration (Administrasi Hukum Umum – AHU) at the Ministry of Law and Human Rights, recently admitted that the one-day fiducia service had not been effectively implemented to date. Indeed, the whole processing timeframe still requires several days to complete.
 
In order to solve this problem, fiducia security electronic registration will now be processed online via the fidusia.ahu.go.idportal, which means that applicants will no longer need to directly deliver their applications to a physical counter.
 
“We [the Directorate General of AHU] intend to change our way of thinking. The establishment of this online system was spurred by the ineffective implementation of the one-day fiducia servicing program. Moreover, the new online system could also improve the ease of doing business in Indonesia,” asserted Mr. Harris in Jakarta on Tuesday, 15 March 2016.
 
Under the new system, creditors or their representatives can now file fiducia registration applications online. Moreover, fiducia certificates for any successful, completed registration applications will then be issued online automatically and can be printed by the creditors. This is a far more efficient approach when compared to the previous procedure, whereby creditors had to deliver their registrations in person to a fiducia registration office, along with all of the necessary supporting documents, such as notarized fiducia agreements and fiducia guarantee deeds, before they could secure a fiducia certificate.
 
Aside from registration, the new online fiducia portal will also offer information pertaining to collateral items. Indeed, anyone can now find out whether an item has been registered as fiduciary collateral or not by simply searching the system for a debtor’s name, an item’s serial number, or the number of a fiducia certificate.
 
Furthermore, the online system also allows the general public, not only notaries, to access information regarding fiduciary collateral registration. Three parties now have access to such information, namely notaries, corporations, and retailers. “Corporations” refer to banks and financing institutions, while “retailers” are both individuals and companies (both legal entities and non-legal entities).
 
Mr. Harris asserted that the implementation of information-transparency policies would minimize the risk of double collateral, whereby an item is used as collateral for several fiduciary transactions, something that often used to happen when the manual system was still in use. It is hoped that now that anyone can oversee the fiducia-registration process, such practices can be avoided in the future.
 
“This is the era of information transparency, and I believe that information transparency as regards fiducia registration can bring about a positive impact on fiduciary transactions,” asserted Mr. Harris.
 
Mr. Harris did admit that this information could be abused by certain individuals for their own benefit. However, the possibility of this happening is very low, due to the fact that the fiducia portal only provides information about registered collateral items, while detailed information pertaining to debtors is not available for public access.
 
Mr. Harris firmly believes that all information which is ultimately incorporated into the portal will be safe, as his institution, the Directorate General of AHU, now utilizes independent data processing. This means that other parties have no access whatsoever to information processed by the Directorate General of AHU.
 
“The point is, the data belongs to us and is processed by ourselves. We will not sell it to another party, so it is very secure,” asserted Mr. Harris.
 
Offering further insight, Mr. Harris also asserted that the online system currently in use incorporated QR-code technology. So even though creditors can print fiducia certificates individually, their authenticity can ultimately be determined through the unique QR codes which are inscribed on the certificates themselves.
 
Finally, Mr. Harris pledged his guarantee that all processing would take place in real time. This means that any information changes will be immediately updated on the fiducia portal, thereby ensuring legal certainty.

(rfs/sp)
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