Analisis Terhadap Perbuatan Melawan Hukum Pengalihan Objek Fidusia Ke Pihak Ketiga Tanpa Persetujuan Pihak Kreditur Berdasarkan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

Gafar, Hamzah Abdul (2022) Analisis Terhadap Perbuatan Melawan Hukum Pengalihan Objek Fidusia Ke Pihak Ketiga Tanpa Persetujuan Pihak Kreditur Berdasarkan Undang-Undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia. Other thesis, Universitas Islam Riau.

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Abstract

In a fiduciary agreement, the object that is used as the object of the fiduciary guarantee is still in the control of the owner of the object (the debtor) and is not controlled by the creditor, so in this case it is the surrender of ownership of the object without handing over the physical object. The creditor entrusts the debtor to continue to use the collateral in accordance with its function. However, although the collateral remains in the control of the debtor, the debtor must have good faith to maintain the collateral as well as possible. In general, in the law of guarantees whose objects are movable objects, the debtor cannot transfer, mortgage or lease to other parties the objects that are the object of the Fiduciary Guarantee. Based on the background of the problem described above, the writer determines first, how is the unlawful act of transferring a fiduciary object to a third party without the approval of the creditor based on law number 42 of 1999 concerning fiduciary guarantees and what is the legal settlement of unlawful acts of transfer of fiduciary object to a third party without the approval of the creditor based on Law Number 42 of 1999 concerning Fiduciary Guarantees. This writing, when viewed from the type of research, can be grouped into Sociological research conducted by survey, namely research directly to the research location using data collection tools in the form of interviews. Meanwhile, if viewed from its nature, this writing is descriptive, which means the research is intended to provide a detailed, clear and systematic description of the main research problems. Unlawful Acts of Transferring Fiduciary Objects to Third Parties Without the Approval of the Creditor Based on Law Number 42 of 1999 concerning Fiduciary Guarantees that the actions taken by the Debtor are very detrimental to the interests of the creditor, so that the creditor is forced to report to the Police for embezzlement of the creditor's vehicle. Legal Settlement of Unlawful Acts of Transfer of Fiduciary Objects to Third Parties Without the Approval of Creditors Based on Law Number 42 of 1999 concerning Fiduciary Guarantees that the Fiduciary Guarantee Law has given creditors a weak position, such as the absence of firmness in execution and concerning the execution of executions, even though the object of a fiduciary guarantee involves moving objects that move very quickly so that it is prone to embezzlement, besides that, often in a fiduciary guarantee agreement there is no affirmation of the need for supervision by the fiduciary recipient of the fiduciary guarantee object controlled by the debtor. So the only solution for this is that the debtor is obliged to pay off all debts/arrears that have not been paid to creditors, or take this matter to court.

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