Other Notary Authorities in Security Agreement and Registration Mechanism for Drilling Rigs

Abstract

Energy needs in national development play an important role. Rig is an important asset in the oil and gas drilling process. As one of the collateral objects, rig has its own characteristics that are different from other collateral objects recognized in civil law. This research used empirical normative research type where the data was supported by primary data by exploring information from the interviewees in the field of banking drilling operator in Kalimantan, and people from SKK Migas (Special Task Force for Upstream Oil and Gas Business Activities Republic of Indonesia). Notarized Security Agreement of drilling rig in notarial is intended to obtain perfect evidence of the agreement made by the investor with the bank. Fiduciary duty with notarial deed is a mandatory norm (dwingenrecht). The registration mechanism for drilling equipment (Drilling Rig) as collateral for bank credit facilities is performed in 3 (three) stages, including: analysis on rig title, classification of rig status, and being able to be proved by rig purchase documents and the company or debtor must registered as a contractor in the Ministry of Energy and Mineral Resources (ESDM). Then a credit agreement by notary/ PPTA(Official Certifier of Title Deeds), fiduciary guarantee deed and fiduciary guarantee registration are made. The Ministry of Energy and Mineral Resources is optimistic that there are still many potential and unrecoverable reserves and resource potential along with investment, economy, and technological development. In other words, the greater the business opportunities in the oil and gas sector, the greater the investment opportunities, the greater the opportunities for the Notary to notarize or legalize the founding documents, and other civil activities. Therefore, the Notary must be provided additional authority as a Mediator or Facilitator for the deed he/she made to prevent dispute.