Analisis Kekuatan Eksekutorial Pemegang Akta Fidusia Ditinjau Dari Undang Undang Nomor 42 Tahun 1999 Tentang Fidusia (Studi Kasus Putusan Nomor 188/Pdt.G/2017/P.Pbr)

Wahyudi, Rozi (2019) Analisis Kekuatan Eksekutorial Pemegang Akta Fidusia Ditinjau Dari Undang Undang Nomor 42 Tahun 1999 Tentang Fidusia (Studi Kasus Putusan Nomor 188/Pdt.G/2017/P.Pbr). Masters thesis, Universitas Islam Riau.

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Abstract

The development of the globalization era has made many customers increase in the field of financing, one of which is fiduciary management. Regulations that guarantee legal certainty and legal justice are needed, especially in the field of executives. Therefore, the authors conducted a study on the Executorial Strength of Fiduciary Guarantee Deed if reviewed and Law Number 42 Year 1999 concerning Fiduciary guarantees and implications of Judges' Decisions in Decision Number 188 / Pdt.G / 2O17Pn.Pbr. regarding the Execution of Fiduciary Guarantees by the Creditors due to Debtor Defaults. The main problem in this study is how is the Executorial Strength of Fiduciary Deed holders reviewed and Law Number 42 of 1999 concerning Fiduciary guarantees? and How the Judge Considerations on Case Number: I 88 / Pdt.G / 201 7 / PN.Pbr ?. This research is a type of normative legal research because this research is library research or study of books / documents. If seen and its nature, the nature and research is descriptive analytical, namely the author conducts research to provide a clear and detailed description of the main problems to be studied. The method of analyzing conclusions in this study is done inductively, namely drawing conclusions and things that are specific to things that are general in nature. The research results that the author can describe are 1. Case position in Case Number 188 / Pdt.G / 2017 / PN.Pbr is that the Plaintiff (KARWANTO / Fiduciary Giver) cast a Guggatan to the Defendant (ENDRA / car tenant) and Accused (PT Astra Sedaya Finance Fiduciary Recipient) due to Default Default due the object of the Fiduciary Guarantee which is the object of Default is executed by Parate by the Accusation which in the Verdict Punishes the Plaintiff and the Defendant and grants the lawsuit of the Plaintiff, 2. In the formal legal analysis the Panel of Judges decides based on the facts of legal facts in the statement of the evidence and the witnesses do not submit witness evidence and in the judicial analysis of the material law consideration in the decision does not use the proper legal basis and the judge's judgment is also against "Lex superiori derogat legiinjìriori", 3. Executorial power Fiduciary certificate holders have the power of direct execution (parate execution) guaranteed by Law Number 42 of 1999 concerning Fiduciary Assurance "For the sake of Justice Based on the One God" so that they have the same executorial power with court decisions that have obtained permanent legal force and if there is resistance can ask for assistance from the competent authority, namely the police by submitting an application

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