*Corresponding Author

P-ISSN: 1412-1212
E-ISSN: 2541-2388

183

The Winners, 22(2), September 2021, 183-189
DOI: 10.21512/tw.v22i2.7064

Implementation of Fiduciary Registration According
to Finance Ministry, Police, and Financial 

Services Authority (OJK)

Suwinto Johan*

Management Department, Faculty of Business, President University
Jababeka Education Park, Jl. Ki Hajar Dewantara, Kota Jababeka, Cikarang Baru, Bekasi 17550, Indonesia

suwintojohan@gmail.com

Received: 15th February 2021/ Revised: 22nd April 2021/ Accepted: 22nd April 2021

How to Cite: Johan, S. (2021). Implementation of fiduciary registration according to finance ministry, police,
and Financial Services Authority (OJK). The Winners, 22(2), 183-189. https://doi.org/10.21512/tw.v22i2.7064

Abstract - The research aimed to find out fiduciary 
guarantees registration from a legal perspective, 
especially the executive or administrative regulations. 
The research examined the existing regulations and 
laws by analysing primary and secondary data using 
normative juridical methods. The research concludes 
that the fiduciary registration obligations stipulated in 
the Regulation of Minister of Finance (PMK) Number 
130/PMK.010/2012 are not in synchronic with the 
Financial Services Authority Regulation (POJK) 
Number 29/POJK.05/2014, which is replaced by the 
Financial Services Authority Regulation Number 
35/POJK.05/2018. Revocation of Regulation of 
Minister of Finance Number 130/PMK.010/ 2012 by 
Regulation of the Minister of Finance Number 23/
PMK.010/2017 is not accompanied by amendments to 
the Regulation of the Republic of Indonesia National 
Police Number 8 of 2011. The loan agreement remains 
valid if it fulfills the principles of the agreement. It 
is suggested that relevant institutions, particularly the 
Financial Services Authority (OJK) as the financial 
industry supervisor, take initiatives to synchronize 
all regulations for the implementation of fiduciary 
registration.

Keywords: fiduciary registration, finance ministry, 
police, Financial Services Authority (OJK)

I. INTRODUCTION

The 1998 economic crisis has brought many 
changes, especially in the legal system in Indonesia. 
The banking industry encountered a crisis, in which 
banks experienced difficulties executing collateral 
since the guarantees provided could also be pledged 
to several parties (double or triple pledged). Banking 

supervision by regulators is not strict (Kartini, 2016). 
The provision of credit with guarantees, especially 
guarantees of the movable good or property, has not 
been regulated concretely in Indonesia's legal system 
before 1999. A fiduciary guarantee institution is a 
form of guarantee originated from jurisdiction which 
has become a concrete legal route confirmed in Law 
Number 42 of 1999 on Fiduciary Guarantee. The 
purpose of the Fiduciary Guarantee Law (UU JF) is to 
provide legal protection to parties and legal certainty 
to credit providers (Akhsin & Mashdurahatun, 2017). 
One of the credit collaterals for movable goods or 
objects is a motor vehicle (Kumaladewi, 2015).

The fiduciary is the transfer of rights of a 
tangible or intangible movable object by the fiduciary 
or object's owner to another party, where the object is 
still used or controlled by the fiduciary or the owner. 
Fiduciary security is a security right over tangible or 
intangible movable objects exercised by the fiduciary 
or the object's owner, where the control of the goods 
remains with the fiduciary. The giver of the fiduciary is 
the owner of objects of fiduciary guarantee. A fiduciary 
is a person or company that has receivables whose 
payment is guaranteed by fiduciary collateral objects. 
Fiduciary recipients are banks and non-bank financial 
institutions such as financing or leasing companies. 
These definitions are deduced from Law Number 42 
of 1999 on Fiduciary Security.

Based on the Regulation of the Financial Services 
Authority (Peraturan Otoritas Jasa Keuangan/
POJK) Number 35/POJK.05/2018 on the Operation 
of a Financing Company, financing company is a 
business entity or company engaged in the financing 
of goods and/or services. Financing companies may 
carry out three main types of financing: 1) working 
capital financing, 2) investment financing, and 3) 
multipurpose financing. Multipurpose financing is the 



184 The Winners, Vol. 22 No. 2 September 2021, 183-189

financing of goods and services required by the debtor 
for use or consumption and not for business purposes 
or productive activities within the agreed period.

The distribution of multipurpose financing 
under collateral for movable goods is the main activity 
of the financing industry. Movable goods financed are 
4-wheeled vehicles, 2-wheeled vehicles, and another 
consumer financing, such as refrigerators, televisions, 
and other home appliances. There is a condition 
in which the debtor remains using these goods, and 
the rights to the goods are granted to the financing 
company with a fiduciary guarantee.

The implementation of fiduciary security 
registration has faced several obstacles since the 
Fiduciary Guarantee Law was issued in 1999. In the 
early stages of implementation, fiduciary offices were 
not yet established across Indonesia. The fiduciary 
office was only available in Jakarta. On the other 
hand, finance companies have financing networks 
throughout Indonesia. Finance companies have 
difficulty applying for fiduciary guarantees at an early 
stage. Fiduciary guarantee must be registered at the 
Fiduciary Registration Office by issuing a fiduciary 
certificate (Nasution & Limbong, 2019). Fiduciary 
guarantees aim to reduce the risk of credit provided 
by lending institutions. This guarantee is an additional 
guarantee to secure the repayment that have been 
given or loan funds provided by finance companies or 
banks (Setiono, Sulistyo, & Widayati, 2021).

Registration of Fiduciary Guarantee is subject 
to fees. Processing fees include insurance fees, 
administrative fees, survey fees, stamp fees, insurance 
fees, and other costs, such as fiduciary security 
registration fees. In general, financing companies 
charge fiduciary security registration fees to borrowers, 
consumers, or debtors since they do not cover it.

The police arrests several board of management 
of financing companies for failing to carry out fiduciary 
guarantee registration. Police suspects that leaders 
of financing companies have imposed fiduciary fees 
on consumers or their debtors, but do not register 
fiduciaries (Tobing, 2013). Financing companies that 
have received payment of a fiduciary registration 
fee and do not register may be subject to suspicion 
of embezzlement of funds (Ulum, 2013), which is a 
fiduciary guarantee registration fee.

Fiduciary security registration has experienced 
several technical and non-technical challenges. The 
unclear implementation of fiduciary guarantees' 
registration has shown that the preparation for the 
implementation of fiduciary was not well-coordinated 
between institutions when it launched. The fiduciary 
guarantee has executorial power. When a debtor 
experiences a default, the creditor can execute 
objects that become fiduciary guarantees without 
going through a judicial process. The creditor has 
the authority to carry out the parate executie of the 
fiduciary security object (Dewi, Saptanti, & Purwadi, 
2017). Registration of fiduciary security is essential 
since it is related to material rights that possess droit 
de suite characteristics, droit de preference, specialty, 

and publicity (Rufaida & Sacipto, 2019). Execution 
of guarantees with the title executorial creditor can 
be executed directly through a public auction without 
going through a court. Underhand sales can be made 
based on an agreement between the giver and recipient 
of the fiduciary guarantee (Hapsari & Mulyoto, 2017). 
On Article 30 of the Fiduciary Guarantee Law, the 
creditor has been granted the right to repossess with 
the executorial title to take the fiduciary guarantee 
object directly (Heriawanto, 2019). According to the 
Fiduciary Guarantee Law, a takeover of a motorized 
vehicle can be done directly if it is the fiduciary 
security object of a debtor who has defaulted 
(Ramadhanneswari, Suharto, & Saptono, 2017).

At the end of 2019, the Constitutional Court 
issued a Constitutional Court Decision (Putusan 
Mahkamah Konstitusi/PMK) Number 18/PUU-
XVII/2019, which states that according to Article 15 
paragraph (2) of Law Number 42 of 1999 on Fiduciary 
Guarantee, as long as the phrase "executorial power" 
and the phrase "equal to a court decision that has 
permanent legal force" are contrary to the 1945 
Constitution of the Republic of Indonesia, they do 
not have binding legal force as long as they are not 
interpreted as fiduciary guarantees, where there is no 
agreement on default. The debtor objects to voluntarily 
hand over the object that is pledged as the guarantee of 
fiduciary. All legal mechanisms and procedures in the 
Fiduciary Guarantee Certificate's execution must be 
implemented and applied in the same way as a court 
execution decision that has permanent legal force.

The Constitutional Court Decision also states 
that according to Article 15 paragraph (3) of Law 
Number 42 of 1999 on Fiduciary Security, as long as 
the phrase "default of promise" is contrary to the 1945 
Constitution of the Republic of Indonesia, it has no 
binding legal force as long as it does not mean that “the 
existence of a default is not determined unilaterally 
by the creditor, but based on an agreement between 
the creditor and the debtor or based on legal remedies 
which determine that the default has occurred”. 

The Constitutional Court Decision states that 
according to Article 15 paragraph (2) of Law Number 
42 of 1999 on Fiduciary Guarantee, as long as the 
phrase "executorial power" is contrary to the 1945 
Constitution of the Republic of Indonesia, it does not 
have binding legal force as long as it is not interpreted 
as a fiduciary guarantee, where there is no agreement 
regarding default. The debtor objected to voluntarily 
hand over the object, which is a fiduciary guarantee. 
All legal mechanisms and procedures in the Fiduciary 
Guarantee Certificate's execution must be carried out 
and applied in the same manner as a court execution 
decision that has permanent legal force. Fiduciary 
security execution is an activity to confiscate and 
sell objects that are the objects of fiduciary Security 
(Nusantara & Wirasila, 2018). The fiduciary 
guarantee agreement provides creditors with weak 
legal protection. Legal protection for creditors can 
be reinforced by establishing a guarantee execution 
agency and socialization on fiduciary implementation 



185Implementation of Fiduciary Registration.... (Suwinto Johan)

(Winarno, 2013).
Research on fiduciary guarantee is rarely 

conducted thoroughly. Research on fiduciary guarantee 
since the issuance of the Law in 1999, which connects 
the Fiduciary Guarantee Law with implementing 
regulations, especially those related to the financing 
industry, is still rare. The research provides benefits for 
the financing industry and financing law practitioners 
in conducting their business activities connected with 
fiduciary guarantees.

The Fiduciary Guarantee Deed must be done 
in an authentic form. An authentic deed must be 
done based on Article 1868 of the Civil Code, where 
one of the conditions is that it must be made by and 
before a notary (Suharto, 2017). A fiduciary guarantee 
agreement that is not made in a notary deed or is not 
registered remains an agreement that binds the parties 
as long as the agreement has fulfilled the principles 
based on the Criminal Code Article 1320 provisions 
Article 1338 regarding the principle of Pacta Sunt 
Servada. This agreement remains a valid agreement 
(Huru, 2019). Fiduciary registration still has several 
obstacles, namely fiduciare eigendom overdracht, 
deliberate acts against the Law by one of the parties, 
and the guarantee given remains in the guarantor's 
control, so the fiduciary recipient will have difficulty 
executing (Paparang, 2014). The transfer of fiduciary 
items by the fiduciary may be subject to criminal 
penalties. This can be excluded if the fiduciary has 
paid off the debt to the fiduciary (Sriono, 2019).

The research has four questions: How are the 
regulations changed for fiduciary security registration 
from the Ministry of Finance to the Financial Services 
Authority regulation?; Is every disbursement of 
financing with a movable property guarantee must be 
registered for fiduciary Security?; Can the financing 
company charge an administration fee to the debtor 
without registering for fiduciary Security according 
to the underlying law and regulations?; Can financing 
companies carry out consumer financing without 
registering a fiduciary guarantee according to the 
underlying law and regulations?

 

II. METHODS

The research applies a normative juridical 
method to examine the existing laws and regulations 
in Indonesia. The research analyzes primary and 
secondary data. Primary data are information on the 
board of directors' positions directly obtained from 
the field. Secondary data is the current laws and 
regulations.

The research begins with collecting materials 
related to legal matters with material identification 
procedures related to the research topic and an 
inventory of materials related to the research topic. 
The material inventory consists of primary legal 
materials, secondary legal materials, and tertiary legal 
materials. Primary legal materials are legal materials 
consisting of laws and regulations in Indonesia. 

Secondary legal materials are used to explain the 
primary legal materials, such as books, reports, and 
others. Tertiary legal materials are legal materials 
that serve as secondary guidance, such as additional 
information and data related to research topics sourced 
from the internet (Johan & Ariawan, 2020).

 
III. RESULTS AND DISCUSSIONS

The Fiduciary Guarantee Law's implementation 
has undergone several changes in line with changes 
in the relevant authorities. It results in a change in 
the fiduciary guarantee registration process. The 
Regulation of the Chief of Police of the Republic of 
Indonesia is a regulation that regulates the procedure 
for the execution of collateral with the fiduciary 
guarantee, which is summarized in Table 1 with the 
other regulations. Furthermore, there is a Regulation 
of the Minister of Finance of the Republic of Indonesia 
(Peraturan Menteri Keuangan/PMK) Number 130 of 
2012 on The Obligation to Register Fiduciary for Motor 
Vehicle Financing. This regulation creates uncertainty 
over special regulations regarding motorized vehicles 
only. Movable goods are not only motorized vehicles, 
but this regulation explicitly regulates the obligation 
to register motor vehicles.

In 2014, the Financial Services Authority of the 
Republic of Indonesia (Otoritas Jasa Keuangan/OJK) 
issued Regulation of Financial Services Authority of 
the Republic of Indonesia Number 29 of 2014, which 
regulates that fiduciary is one way of mitigating risk. 
In financing business, it is not required to register a 
fiduciary guarantee, especially for motorized vehicles. 
This is different from Regulation of the Minister of 
Finance of the Republic of Indonesia Number 130 of 
2012. Regulation of the Minister of Finance of the 
Republic of Indonesia Number 23 of 2017 revokes 
Regulation of the Republic of Indonesia Number 130 
of 2012. For approximately five years, the financial 
industry continues to carry out fiduciary registration 
as regulated in Regulation of the Minister of Finance 
Number 130. The inconsistency between Regulation 
of Financial Services Authority and Regulation of the 
Minister of Finance creates legal uncertainty, even 
though the supervision of the financing industry has 
shifted from Capital Market and Financial Services 
Supervisory Institution (Bapepam LK) under the 
Ministry of Finance to the Financial Services Authority 
(OJK) per Law Number 21 of 2011 on the Financial 
Services Authority.

Regulation of Financial Services Authority of 
the Republic of Indonesia Number 35 of 2018 reaffirms 
that fiduciary security registration is a form of risk 
mitigation. Registration of fiduciary security is not an 
obligation for motor vehicle financing. To execute the 
guarantee, the finance company is required to have a 
fiduciary certificate. However, Hapsari and Mulyoto 
(2017) state that underhand sales of collateral must be 
made based on the fiduciary guarantee agreement. The 
fiduciary guarantee is an additional to the repayment of 



186 The Winners, Vol. 22 No. 2 September 2021, 183-189

loan provided by finance companies or banks (Setiono 
et al., 2021).

Nowadays, financing companies still experience 
uncertainty in doing business. The execution of the 

fiduciary guarantee must have a fiduciary guarantee 
certificate. If there is no fiduciary certificate, the 
business actor is prohibited from executing it. On the 
other hand, after the issuance of the Constitutional 

Table 1 Summary Regulation

Regulation of the 
Chief of Police of 
the Republic of 
Indonesia Number 8 
Year 2011

Regulation of the 
Minister of Finance 
of the Republic of 
Indonesia Number 
130/PMK.010/2012

Regulation of Financial 
Services Authority 
of the Republic of 
Indonesia Number 29/
POJK.05/2014

Regulation of 
the Minister 
of Finance of 
the Republic of 
Indonesia Number 
23/PMK.010/2017

Regulation of 
Financial Services 
Authority of 
the Republic of 
Indonesia Number 
35/POJK.05/2018

Security against 
the object of the 
fiduciary guarantee 
can be carried out 
with the following 
requirements: there 
is a request from 
the applicant, has a 
fiduciary guarantee 
certificate, registered 
fiduciary security 
at the fiduciary 
registration office, 
has a fiduciary 
guarantee certificate 
and fiduciary 
guarantee is in the 
territory of Indonesia

Financing companies 
that provide financing 
for motor vehicles 
must register 
fiduciary security 
at the Fiduciary 
Registration Office. 
Registration is obliged 
to register a fiduciary 
guarantee no later 
than 30 calendar days. 
Financing companies 
are prohibited from 
withdrawing fiduciary 
objects in the form of 
motorized vehicles if 
there is no fiduciary 
guarantee certificate.

Details of costs related 
to financing provided 
must contain at least 
insurance/guarantee/
fiduciary costs. An 
explicit clause of 
fiduciary security if 
there is an imposition of 
fiduciary security. One 
way to mitigate risks 
is to charge fiduciary 
security on financed 
goods or goods that 
become collateral for 
financing activities.
Financing companies 
that carry out financing 
by imposing fiduciary 
security must register at 
the fiduciary registration 
office. The obligation 
to register fiduciary 
security applies to 
financing originating 
from follow-up financing 
and co-financing.
Financing companies 
are required to register 
no later than one month. 
Financing companies 
are prohibited from 
executing collateral if 
there is no fiduciary 
guarantee certificate. The 
execution of fiduciary 
guarantees must meet 
the provisions and 
requirements of the 
Law regarding fiduciary 
security and have been 
agreed upon by the 
parties.
Administrative sanctions 
for fiduciary still apply 
based on Regulation of 
the Minister of Finance 
of the Republic of 
Indonesia Number 130/
PMK.010/2012

Revocation of 
Regulation of 
the Minister of 
Finance/Decree 
of the Minister of 
Finance whose 
regulatory authority 
is transferred 
from the Ministry 
of Finance to 
the Financial 
Services Authority, 
including 
regulation of the 
Minister of Finance 
of the Republic of 
Indonesia Number 
130/PMK.010/2012 
on Registration 
of Fiduciary 
Guarantee 
for Financing 
Companies 
Conducting 
Financing for 
Motor Vehicles 
with Fiduciary 
Guarantee 
Imposition

Financing companies 
are required to 
mitigate financing 
risks.
One way to mitigate 
risks is to charge 
fiduciary Security 
for collateral from 
financing activities.
Financing companies 
that mitigate risks by 
imposing fiduciary 
security must register 
fiduciary guarantees 
at the fiduciary 
registration office.

Source: Research Results



187Implementation of Fiduciary Registration.... (Suwinto Johan)

Court Decision of the Republic of Indonesia Number 
18/ PUU-XVII/2019, the execution of the fiduciary 
guarantee experiences uncertainty once more. Since 
Regulation of the Minister of Finance of the Republic 
of Indonesia Number 18 of 2019 has emphasized that 
Article 15 must go through a court process or obtain 
an agreement of default by both parties.

The number of implementing regulations from 
various agencies has resulted in uncertainty regarding 
the implementation of fiduciary guarantees by non-
bank financial institutions, especially the financing 
industry. The objective of the Fiduciary Guarantee 
Law is to provide legal certainty. The implementation 
of the Fiduciary Guarantee Law and implementing 
regulations creates uncertainty for businesses.

The implementation of fiduciary security 
registration must be restructured by all related 
parties, especially Financial Services Authority. The 
implementing regulations involve businesses, also for 
industries other than the financial industry, notary, and 
banking.

In accordance with Regulation of Financial 
Services Authority of the Republic of Indonesia 
Number 35 of 2018, financing companies are not 
required to register for fiduciary Security. Registration 
of fiduciary Security is one of three ways to mitigate 
risks as stated in Regulation of Financial Services 
Authority of the Republic of Indonesia Number 35 of 
2018. This is different from Regulation of the Minister 
of Finance of the Republic of Indonesia Number 130 
of 2012.

However, to carry out the execution of a fiduciary 
guarantee, a financing company requires registration 
of a fiduciary guarantee. This is in accordance with the 
Decree of the National Police Chief and Regulation 
of Financial Services Authority of the Republic of 
Indonesia Number 35 of 2018 that to carry out the 
execution of fiduciary guarantees requires a fiduciary 
certificate. A fiduciary certificate will be issued by the 
fiduciary registration agency. In addition to a fiduciary 
certificate, a finance company requires a debtor's 
default condition and a warning letter or subpoena that 
has been given by the financing company to the debtor.

In accordance with the Decision of the 
Constitutional Court of the Republic of Indonesia 
Number 18/PUU-XVII/2019, the financing company 
needs approval from the debtor to take over the 
collateral, if not through a court decision. In practice, 
many finance companies can make a statement signed 
by the debtor, stating that the debtor is willing to 
hand over the vehicle or collateral, if there has been 
a default.

The regulation regarding the fiduciary 
registration fee has been mentioned as the guarantee 
fee in Regulation of Financial Services Authority of 
the Republic of Indonesia Number 35 of 2018. This 
is different from Regulation of Financial Services 
Authority of the Republic of Indonesia Number 29 
of 2014 which mentions the fiduciary registration 
fee. Regulation of Financial Services Authority of the 
Republic of Indonesia Number 35 of 2018 states that 

the guarantee fee includes the fiduciary registration fee 
with additional note if required. According to Ulum 
(2013), if a finance company has obtained the fee for 
fiduciary registration from customer, then the finance 
company must register it according to the underlying 
regulations.

However, when it comes to the fiduciary 
registration fee for the financing company, the financing 
company must register with the related institution. 
Sometimes financing companies do not explain in 
detail about the registration fee for fiduciary security. 
The financing company only mentions administrative 
costs. The violates Regulation of Financial Services 
Authority Number 35 of 2018. Registration fee 
for fiduciary security must be specified with an 
explanation, at least as the fiduciary guarantee fee. 
This explanation is important not to cause any legal 
uncertainty.

On the contrary, if the financing company does 
not charge a fiduciary registration fee, the finance 
company does not have a fiduciary registration 
obligation. The obligation of fiduciary registration 
becomes an additional obligation on the financing 
company. If the financing company does not charge 
fees, it does not carry out fiduciary registration 
obligation. This could be a financing company's 
promotion strategy by granting fiduciary security fee 
registration exemptions.

Financing companies can carry out consumer 
financing without conducting fiduciary registration. 
However, finance companies are not allowed to execute 
collateral. Does this multipurpose financing still meet 
the terms of an agreement? If it is based on agreement 
principles, the financing agreement remains binding on 
the parties. This financing agreement can be executed 
for guarantee execution or collateral takeover, must 
be through a court decision. This can be done if there 
is default. Conversely, what if the debtor voluntarily 
hands over collateral?

It will be difficult to distinguish between 
expropriation and voluntary surrender of collateral. 
Takeover can be done by signing the minute of 
delivery of the vehicle or vice versa, the execution of 
the guarantee without a certificate of guarantee is also 
accompanied by an official report on the handover of the 
vehicle. In written evidence, the debtor has submitted 
the vehicle. Based on the Fiduciary Guarantee Law, 
repossessed of a vehicle that already has the defaulted 
fiduciary security registration can be made directly 
(Ramadhanneswari et al., 2017).

In addition, financing companies can take 
steps by using a working capital financing scenario 
or leasing financing. Leasing does not have to go 
through fiduciary registration. However, leasing is the 
financing of production equipment.

In fact, the micro, small, and medium 
enterprises (MSME) sector experiences difficulties 
in distinguishing the differences in the means of 
production. A businessman who owns a small shop uses 
a vehicle for both business and family transportation. 
One of the differences in this respect is the taxation of 



188 The Winners, Vol. 22 No. 2 September 2021, 183-189

lease payments.
The financing industry and other financial 

institutions must determine strategies for lending. This 
strategy will determine the risk mitigation strategy. 
One way of mitigating risk is to be able to execute 
collateral to settle unpaid loans. In addition, financing 
business must have standard operating procedures in 
handling defaulted consumers.

Regulators need to coordinate the regulations 
for implementing this fiduciary guarantee. Regulatory 
coordination must be able to achieve synchronization 
between government agencies. The regulations for 
implementing fiduciary security must socialize to 
the public. The drafting of executive regulations 
involves related professions, such as notaries and debt 
collection companies.

IV. CONCLUSIONS

The Fiduciary Guarantee Law provides legal 
certainty for businesses, especially for financial 
institutions in providing loans. The Fiduciary 
Guarantee Law and its executive regulations create 
legal uncertainty for busineses. This has resulted in 
different interpretations among businesses, especially 
regarding the registration obligation for fiduciary 
security for defaulters, the obligation to register 
fiduciary security for collateral for movable property or 
good, and the process and requirements for executing 
fiduciary goods collateral. The fiduciary registration 
regulations aim to protect the interests of debtors and 
creditors. Fiduciary registration will provide legal 
certainty, in the event of a dispute.

It is suggested that relevant institutions 
synchronize all regulations for the implementation of 
fiduciary registration. Therefore, the Financial Services 
Authority (OJK), as the financial industry supervisor, 
needs to take initiatives regarding this matter. Finally, 
the existing regulations must provide legal certainty 
for all parties, both debtors and creditors.

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