Legal Reform of Online Fiduciary Registration: Toward Transparent and Reliable Secured Transaction Governance
Abstract
This study discusses legal reform of online fiduciary registration as an effort to realize safe, transparent, and reliable transaction governance in Indonesia. The switch from a manual to an electronic system has provided ease of service, accelerated administrative processes, and cost efficiency. The implementation of the system still faces various legal problems, including inaccuracies in data, weak system integration, low level compliance, limited information transparency, and cybersecurity risks. This condition raises an urgent need to update regulations so that the online fiduciary registration system is able to provide legal certainty and increase public trust. The formulation of the problems in this study includes: first, what are the main legal challenges in the implementation of online fiduciary registration in Indonesia; Second, how an improved regulatory model can strengthen transparency and public trust in fiduciary registration. This study uses normative legal research methods with a statutory approach, a conceptual approach, and a comparative approach. The analysis was carried out using the Legal System Theory from Lawrence M. Friedman to answer the formulation of the first problem and the Good Governance Theory to answer the formulation of the second problem. The results of the study show that the main legal challenge in online fiduciary registration lies in the lack of optimal elements of legal structure, legal substance, and legal culture. The legal structure still faces institutional capacity constraints and digital infrastructure. The substance of the law still needs to be harmonized with the development of information technology and personal data protection. The legal culture still shows low compliance for some system users. An ideal regulatory model should be built on the principles of transparency, accountability, effectiveness, legal certainty, personal data protection, and public participation. Regulations also need to regulate the integration of national databases, cybersecurity standards, digital complaint mechanisms, and proportionate disclosure of fiduciary status information.
Keywords: Legal, Reform, Online, Fiduciary, Registration, Toward, Transparent, Reliable, Secured, Transaction, Governance