Akibat Hukum Akta Fidusia Yang Tidak Didaftarkan Dan Kekuatan Hukum Akta Fidusia Yang Didaftarkan Dalam Hal Penarikan Objek Jaminan Oleh Kreditur

Prasetyo, Agil (2021) Akibat Hukum Akta Fidusia Yang Tidak Didaftarkan Dan Kekuatan Hukum Akta Fidusia Yang Didaftarkan Dalam Hal Penarikan Objek Jaminan Oleh Kreditur. Other thesis, Universitas Islam Riau.

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Abstract

Past fiduciary was generally bound by entering into a financing agreement with a fiduciary handover of collateral. The underhand financing agreement contains major weaknesses and risks because there is no legal certainty for creditors or debtors. Law Number 42 of 1999 concerning Fiduciary Security is the answer to the legal vacuum related to the missing rules regarding fiduciary law in Indonesia. Fiduciary guarantees after and before the birth of the Fiduciary Security Law are different because fiduciary guarantees must be made in the form of a notary deed and also registered at the Ministry of Law and Human Rights. However, in practice in the field there are still many financial institutions that do not register fiduciary objects. The main problem of research is what is the legal consequence of the unregistered fiduciary deed in terms of withdrawing the object of guarantee, and how is the legal force of the registered fiduciary deed on the withdrawal of the object of guarantee. While the research method used in this research belongs to the type of normative legal research, namely research as a characteristic feature in the field of law which is used to discuss legal principles, legal systematics, level of legal synchronization, legal history and comparative law. The results of the author's research are that the legal consequences of not registering fiduciary guarantees are that creditors cannot carry out direct execution, material rights are not born, are considered illegal if they carry out forced executions, and cause losses to State finances, and the legal force of registered fiduciary guarantees is the existence of preferent rights or precedence, then can carry out the execution without going through a court decision as long as it does not conflict with what is required by the Constitutional Court Decision No.18 / PUU-XVII / 2019.

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