Manalu, Immanuel (2023) Penyelesaian Debitur Wanprestasi Dengan Jaminan Fidusia Di Pt. Adira Dinamika Multi Finance Cabang Perawang Berdasarkan Undang-undang No.42 Tahun 1999 Tentang Jaminan Fidusia. Other thesis, Fakultas Hukum.

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Abstract

This study describes the phenomenon of default with fiduciary guarantees at PT. Adira Dinamika Multi Finance Perawang Branch based on Law No.42 of 1999 concerning Fiduciary Guarantee, in the case of execution with the existence of an execution parate institution given to the recipient of fiduciary guarantee as a creditor. Parate Execution aims so that creditors can carry out their own execution in the event of default without court or judge intervention, but this can no longer be applied because it has been clearly regulated by the Constitutional Court through Constitutional Court Decision No 18/PUU-XVII/2019 fiduciary beneficiaries or creditors of fiduciary beneficiaries may not execute themselves but must submit an application for execution to the District Court. This research is departing from two main problems, namely the author formulates to find out about how to resolve defaults on credit agreements with fiduciary guarantees at Limited liability company. Adira Perawang branch, and what are the obstacles of Limited liability company. Adira in executing fiduciary objects In this research method classified as a type of empirical research, another term used is sociological legal research because in this study the author directly conducts research at the location or place under study in order to produce a complete and clear description of the problem under study. The population and sample are the Debtors and Creditors. Data collection techniques are interviews and literature studies. The results of this study describe the problem of default, namely, the delay of the Customer as the Debtor in paying off the debt, the Customer as the Debtor only pays part of the amount of the debt bill, and there are Customers who do not have good faith, in paying debts that have never been given at all, related to the laws and regulations governing the problem of default have not all been able to be implemented in default problems related to how to settlement of defaults, and the constraints of guaranteeing an object as a fiduciary guarantee in terms of execution. And laws and regulations have not been able to fully accommodate the rights of Debtors and the rights of Creditors so they need to be reviewed.

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