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1
Riyanto, Fandi Septi. "Kedudukan Kreditur atas Objek Jaminan Fidusia yang Belum dibagi karena Adanya Perceraian." JURNAL RECHTENS 8, no. 1 (June 28, 2019): 37–52. http://dx.doi.org/10.36835/rechtens.v8i1.486.
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Fiduciary is the transfer of ownership rights of an object on the basis of trust provided thatthe object whose ownership rights are transferred remains in the possession of the owner ofthe object. Whereas what is meant by Fiduciary Guarantee is the guarantee right for movableobjects both tangible and intangible and immovable objects, especially buildings that cannotbe burdened with mortgages, which remain in the control of the Fiduciary Giver, as certaindebt repayment collateral that gives priority position to Fiduciary Recipients against othercreditors. Items loaded with a Fiduciary Guarantee must be registered. Registration for aFiduciary Guarantee is carried out at the Fiduciary Registration Office. However, if theregistration of Fiduciary Guarantee to be registered with the Office of Fiduciary Registrationis a matter of property that has not been shared with the former creditor's wife against thevehicle due to divorce, it can be said that the agreement can be canceled, so there is no legalcertainty for the recipient of Fiduciary Guarantee. If the Fiduciary Registration Office issuesand submits a Fiduciary Guarantee Certificate to the Fiduciary Recipient on the date that isthe same as the date of receipt of the application for registration. This Fiduciary GuaranteeCertificate is a copy of the Fiduciary Register Book. By obtaining a Fiduciary Guaranteecertificate, the creditor or fiduciary guarantee recipient immediately has the right of directexecution (parate execution). The legal strength of the certificate is the same as the court'sdecision which has permanent legal forceKeywords : Fiduciary Guarantee, Creditors, Execution.
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Huru, Fince Ferdelina. "KEDUDUKAN HUKUM AKTA JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN." JURTAMA 1, no. 1 (April 25, 2019): 46–57. http://dx.doi.org/10.31090/jurtama.v1i1.804.
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One of the features of the fiduciary guarantee is the executorial nature of the fiduciary guarantee on the fiduciary guarantee certificate. To obtain these rights, the guarantee must be registered with the Fiduciary Guarantee Registration Office. But in its implementation, there are still many fiduciary guarantees that are not registered with the Fiduciary Registration Office. This study analyzes the legal consequences of fiduciary guarantees that are not registered and legal protection to creditors if the Fiduciary deed is not registered. The research method used is normative legal research, namely legal research conducted by examining library materials or secondary legal material while the problem approach is carried out using a legal approach and conceptual approach. The results of the study show that the legal consequences of fiduciary guarantee deeds, which have no legal force at all in carrying out executions and against objects of fiduciary guarantee do not give birth to material rights inherent in fiduciary guarantees. As a result of not registering a fiduciary deed, there is no legal protection at all for creditors
3
Yani Kosali, Ahmad. "Improving The Object Of Fiduciary Guarantee According To Law Number 42 Of 1999 On Fiduciary Guarantee." Journal of Sustainable Development Science 2, no. 1 (June 1, 2020): 30–39. http://dx.doi.org/10.46650/jsds.2.1.901.30-39.
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Fiduciary is the transfer of ownership rights of an object based on trust, where ownership right of the object is transferred remains under the control of the owner of the object. The subject of the research was how to bind the object of fiduciary guarantee according to Law Number 42 of 1999 on fiduciary? What are the consequences if the binding of fiduciary guarantee object is unfulfilled? This research was normative legal research which means that the objects are secondary data on library. The type of the research was descriptive. It can be concluded that the binding of fiduciary guarantee object according to Law Number 42 of 1999 on fiduciary guarantee is certificate of fiduciary guarantee as an evidence which is an authentic deed. It can be seen from the characteristics of certificate fiduciary guarantee, issued by an authorized official or public official who has authority for issuing certificate fiduciary guarantee in Fiduciary Registration Office under the supervision of the Ministry of Law and Human Rights. The consequences (the binding of fiduciary guarantee object is unfulfilled) are the default causes several legal consequences for debtors and creditors, especially for creditors who must loss. While for debtors, the legal consequence is the existence of a new status for which the debtor must responsible of. Fiduciary guarantee, mostly in form of movable objects, allows for a transfer of fiduciary guarantee; one example of the reason for the transfer is the debtor wants to transfer his credit to another creditor to seek for lower interest. Then, if a debtor has paid off the debt, it can cause the fiduciary guarantee to be canceled.
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Sanusi, Sanusi. "LEGAL PROTECTION OF THE CREDITOR ON FIDUCIARY GUARANTEE OBJECTS UNLISTED IN THE FIDUCIARY REGISTRATION OFFICE." International Journal of Law Reconstruction 1, no. 1 (August 21, 2017): 74. http://dx.doi.org/10.26532/ijlr.v1i1.1636.
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The aim of this study was to analyze the legal protection of the creditor and their weaknesses on the fiduciary guarantee objects unlisted in the current Fiduciary Registration Office. This study is a normative legal research or also called doctrinal legal research. This research will use facts that describe the legal protection of the creditor on the fiduciary guarantee objects unlisted in the current fiduciary registration office, the weaknesses of legal protection of the creditor on the fiduciary guarantee objects unlisted in the current fiduciary registration office, and the reconstruction of the legal protection of the creditor on the fiduciary guarantee unlisted in the fiduciary registration office based on the value of justice. The result of the research is that the Government should immediately establish the Supervisory Agency and Execution of Fiduciary Guarantee Objects based on Government Regulation in Lieu of Law and other legislation.
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Yolanda, Mezi Okta, Busyra Azheri, and Wetria Fauzi. "Strength of Fiduciary Deed in the Implementation of Bad Credit Execution by Financial Institutions." International Journal of Multicultural and Multireligious Understanding 7, no. 5 (July 3, 2020): 593. http://dx.doi.org/10.18415/ijmmu.v7i5.1726.
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As a result of a Fiduciary Guarantee that is not made a fiduciary certificate or in authentic form before a Notary Public, the Fiduciary Guarantee object has no immediate execution rights. When there is default or congestion from the consumer, the financial institution cannot execute the object of the guarantee. Financial institutions actually execute unilaterally without going through relevant government agencies and based on applicable laws. The making of a fiduciary deed by a notary is carried out through two stages in accordance with Law Number 42 of 1999 Concerning fiduciary guarantees, namely through the stages of loading and registration. Charges with fiduciary guarantees are made with a notarial deed, the notary is required to make a fiduciary guarantee deed by taking into account the procedure for loading, loading fees and the period of loading. After the fiduciary guarantee deed has been signed by the parties concerned, after that the registration of the fiduciary deed will be registered at the fiduciary registration office. As a result, the strength of the fiduciary deed made by a notary setting the position of the fiduciary deed and the role of the notary in making fiduciary deed. 1) Law Number 42 of 1999 concerning Fiduciary Guarantee states that the person authorized to make a Fiduciary Deed is a notary, while Article 17 of Law Number 2 of 2014 amendments to Law Number 30 of 2004 concerning Notary Position stipulates that the Notary Public is only authorized to make an authentic deed in the jurisdiction or jurisdiction.Obstacles in the settlement of bad debts, namely the existence of resistance by the debtor against the execution auction plan that does not have a clear legal basis, because it is only based on unilateral recognition without proof or acknowledgment from the Debtor. Because legally the position of the debtor as the creditor holding the Fiduciary Guarantee is already strong, because all the guarantee documents are notarized and based on the law, the document is an authentic deed that has perfect proofing power before the judge.
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I Made Suarja, Simon Nahak, and I Ketut Widia. "Perlindungan Hukum terhadap Kreditur Pemegang Jaminan Fidusia yang Dipindah Tangankan." Jurnal Konstruksi Hukum 1, no. 2 (October 28, 2020): 431–35. http://dx.doi.org/10.22225/jkh.2.1.2628.431-435.
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This research was conducted based on fiduciary guarantee of execution provided for in Article 29 of Act No. 42 of the year 1999 about Fiduciary Guarantee stating that the fiduciary guarantee execution can be carried out by means of the execution of the title eksekutorial, the distribution of sale through the society, or sale under the hand with the consent of both parties. However, in practice when it will do the execution of fiduciary guarantee, guarantee that turned out to be transferable and controlled by third parties without the consent of the borrower. Formulation of the problem in this study was 1. The requirements are to be met by the lender in order to have the power of doing execution in granting credit Guarantee Chattels? 2. How is the legal protection for the lender that guarantees Fiduciary transferable? The purpose of the research to know the procedure of obtaining legal protection for holders of a Fiduciary which is transferable. The theory is a theory of legal certainty and the protection of the law. This type of research approach with normative approach legislation and the approach to the case. The first discussion about the terms of execution of fiduciary guarantee and second set of laws regarding a lender to Fiduciary redirected. The result of the research showed that if not created by notariil and registered office at Fiduciary, then their execution procedures can only be done with the setting of the ruling of the District Court. Procedures and procedures binding guarantee of fiduciary fiduciary registration procedures on Fiduciary Office, are not set or are not found in detail in the Law Number 42 Year 1999.
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Mutiari, Yunial Laili, Muhammad Syahri Ramadhan, and Irsan Irsan. "LEGAL ANALYSIS OF THE ROLE OF FINANCING INSTITUTIONS IN APPLYING LAW FIDUSIA GUARANTEE IN INDONESIA." INTERNATIONAL JOURNAL OF RESEARCH IN LAW, ECONOMIC AND SOCIAL SCIENCES 1, no. 1 (May 28, 2019): 1–8. http://dx.doi.org/10.32501/injuriless.v1i1.50.
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Use of collateral institutions is very popular and already familiar in the community and guarantee institutions have an important role in the framework of Indonesia's economic development Guarantee institutions that are currently developing rapidly is a Fiduciary Guarantee. The role of fiduciary guarantee institutions as one of the potential alternative funding sources to support the growth of the national economy should be well accommodated as stipulated in Law No. 42 of 1999 concerning Fiduciary Guarantee and OJK Regulation No. 29 / /POJK.05/2014 concerning the Implementation of the Business of the Financing Company. Most of the Financing Companies still have not registered the fiduciary guarantee deed due to a misunderstanding in elaborating the regulations regarding the collection of fiduciary guarantees stipulated in Law No. 42 of 1999 concerning Fiduciary Guarantee and OJK Regulation No. 29 / /POJK.05/2014 concerning the Implementation of Business of Financing Companies and Regulation of the Minister of Finance Number 130 / PMK 010/2012.
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Datau, Rahmat, Abdul Rachmad Budiono, Iwan Permadi, and Siti Hamidah. "The Meaning of Indigenous Rights in Fidusian Guarantee in the Perspective of Law Number 42 of 1999 Concerning Fidusian Guarantee." International Journal of Multicultural and Multireligious Understanding 7, no. 8 (September 3, 2020): 187. http://dx.doi.org/10.18415/ijmmu.v7i8.1837.
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The purpose of this article is to discuss the meaning of material rights in fiduciary security in the perspective of Law Number 42 of 1999 concerning Fiduciary Security. The research method used is document review with the Statute Approach approach to fiduciary legislation as primary legal material, as well as various secondary legal materials such as the results of fiduciary scientific studies and literature reference materials about fiduciary. The analysis used is Content Analysis of articles related to fiduciary law. The results showed that the meaning of property rights in nature is always attached to the owner. On the other hand, according to customary law, the meaning of property rights is essentially communal/collective (family/community) as the basis for their rights, both for movable or immovable objects in their possession. Essentially fiduciary property rights are handed over from the debtor's hands to the creditor, with a belief that the property rights will be handed over again if the debtor has paid off his debts, but in the process of surrender, control and his debts often cause legal problems, even though the Fiduciary Guarantee Institute has been formed. The conclusion that the meaning of material rights in fiduciary security lies in the matter of 'Delivery' and 'Mastery' of the items guaranteed.
9
Supianto, Supianto, and Nanang Tri Budiman. "PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS." Ijlil 1, no. 3 (February 7, 2021): 216–35. http://dx.doi.org/10.35719/ijl.v1i3.84.
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Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.
10
Budi, Setia. "PERMOHONAN EKSEKUSI KEPADA PENGADILAN NEGERI BERKAITAN DENGAN PERJANJIAN FIDUSIA TERHADAP JAMINAN YANG DIGELAPKAN." JCH (Jurnal Cendekia Hukum) 3, no. 1 (September 28, 2017): 99. http://dx.doi.org/10.33760/jch.v3i1.15.
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The execution of fiduciary guarantee execution is stipulated in Article 29 of Law Number 42 Year 1999 concerning Fiduciary Guaranty which states that execution of fiduciary guarantee execution can be done by executing executorial title, sale by public auction, or sale under the hand with agreement of both parties, but in practice sometimes found when executing fiduciary guarantees on one of its borrowers, the guarantee has been transferred and controlled by a third party without the consent of the creditor. Therefore, this paper aims to find out how the process of fiduciary fraud execution against bad debts and how the legal protection against the creditors in the credit agreement of the bank against the problem digelapkannya fidusia guarantee by the debtor party.
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Badriyah, Siti Malikhatun, R. Suharto, Marjo Marjo, Retno Saraswati, and Muhammad Shafiyuddin Wafi. "Implementation of the Constitutional Court Decision Regarding the Execution of Fiduciary Guarantees and Inclusion of Default Clauses in Indonesia." International Journal of Criminology and Sociology 10 (December 31, 2020): 33–38. http://dx.doi.org/10.6000/1929-4409.2021.10.05.
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The existence of the Constitutional Court Decision Number 18/PUU-XVII/2019, made problems in society related to the implementation of the fiduciary guarantee execution. This study aims to determine and analyze the implementation of the Constitutional Court Decision Number 18/PUU-XVII/2019. The research method used is normative juridical by conducting document studies of legal principles, legal regulations and legal norms in Indonesia and interviews with civil law experts. The results showed that the decision of the Constitutional Court Number 18/PUU-XVII/2019, caused disagreements in its implementation. Prior to the Constitutional Court Decision, the execution of the Fiduciary Guarantee was based on the Fiduciary Guarantee Law, if the debtor in default, the Fiduciary Recipient can execute on the basis of the fiduciary recipient's own power to sell the object of fiduciary security, but with a Constitutional Court Decision it must go through a court. This creates confusion for creditors and is against the principle of material security. This is detrimental to creditors, because creditors cannot immediately sell their own fiduciary collateral objects if the debtor defaults. This phenomenon can lead to a lack of legal certainty and legal protection for fiduciary recipients and contradicts the nature of fiduciary guarantees which should have strong guarantee rights and are easy to implement.
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Hilmi Akhsin, Muhammad, and Anis Mashdurohatun. "AKIBAT HUKUM JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN MENURUT UU NOMOR 42 TAHUN 1999." Jurnal Akta 4, no. 3 (September 10, 2017): 485. http://dx.doi.org/10.30659/akta.v4i3.1825.
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ABSTRACTFiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal EffectsABSTRACT Fiduciary agreements by notarial deed are not sufficient, but should be continued with fiduciary registrants. Fiduciary agreements set forth in notarial deeds without registration do not grant preferential rights to fiduciary recipients. Whereas the objective of Law Number 42 Year 1999 is basically to provide legal protection for creditors from losses caused by default from debtor. From this, the authors in this thesis take the title "Consequences of Fiduciary Guaranty Laws Not Registered According to Law Number 42 Year 1999." With the scope of the issues covered include: (1) How the procedure or implementation of credit with fiduciary guarantee in Indonesia; (2) What are the constraints and solutions in the implementation of credit with fiduciary guarantee in Indonesia, and (3) What are the consequences of fiduciary guarantee law enlisted under Law No. 42 of 1999.To obtain the results of research from these problems, the authors use the scientific method with an approach that is juridical empirical and normatiif. Empirically that is researching secondary data first and then continued by conducting research of primary data in field. The jurisdiction is to study the rules that exist with the problem in the perusal.Furthermore, from the results of the research can obtain the understanding that the first, that the credit agreement made by debtors and creditors is the principal agreement that refers to the general principles of the agreement, while the imposition of fiduciary collateral meruapakan follow-up agreement or accesoir, which registers it has been regulated by Law No. 42 of 1999 , And set further through Government Regulation No. 21 of 2015; Second, the registration of fiduciary security is a creditor's obligation, but sometimes the creditor does not register it, for cost reasons or because the treaty deed is made under the hand. Therefore, the right of the fiduciary guarantee certificate is categorized as a treaty under the hand. Therefore, the solution taken by the creditors can make the settlement by deliberation or applying through the judiciary. Third, Fiduciary Guarantees must be made by the Deed of Natariil (Notarial Deed) and registered to the Office of the Ministry of Justice and Human Rights, in order to have executorial power, in addition, the creditor will obtain the preferred right. If fiduciary warranties are not made under the hands and are not registered in accordance with legislative provisions, they have no executorial force, and the right of preference and may become void (vernitigbarheid).Whereas to further realize the main principle of Fiduciary Guarantee provides legal protection for the parties, it is necessary to revise the regulation of fiduciary guarantee in legislation in order to give more legal certainty.Keywords: Fiduciary Security, Registration Procedures, and Legal Effects
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Usanti, Trisadini Prasastinah. "Execution rights model on trademark as guarantee object to credit bank." Research, Society and Development 9, no. 4 (March 23, 2020): e199942755. http://dx.doi.org/10.33448/rsd-v9i4.2755.
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Based on requirement that must to fulfill that the object is able to be a object guarantee so Trademark Rights is qualify the requirement as object guarantee because have economic value and able to transferred with written agreement. In Juridical, existence of trademark rights is guarantee legal certainty for repayment of debtor debt or implementation of an achievement although in practice banking trademark rights only as additional guarantee. Guarantee institution that possible to burden it is mortgage or fiduciary guarantee. In this article this is focusing on fiduciary guarantee. When the debtor wanprestasie so the trademark rights as fiduciary object guarantee allow doing execution either by parate execution, executorial title or by selling privately made agreement. However, creditor or debtor is able to make an effort by finding buyers who are willing to buy the trademark rights. Whenever a buyer is found and serve so a deed of transfer is made on trademark in authentic then it follows with removal of fiduciary guarantee and recording of transfer of trademark rights that registered to Director General IPR until transfer of trademark rights besides giving legal certainty for buyer and also binding the third party.
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Harniwati, Harniwati. "PERJANJIAN DENGAN JAMINAN FIDUSIA BERDASARKAN PERATURAN MENTERI KEUANGAN REPUBLIK INDONESIA NOMOR 130/PMK.010/2012." Ensiklopedia of Journal 3, no. 4 (July 20, 2021): 97–104. http://dx.doi.org/10.33559/eoj.v3i4.812.
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The provision of fiduciary guarantees in banking transactions generally uses a notarial deed and has been clearly regulated, but how about the implementation of the fiduciary guarantee. Implementation of the Agreement with Fiduciary Guarantee Based on the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/Pmk.010/2012”. The research method used in this research is mainly library research by examining secondary data, sourced from primary, secondary and research legal materials. This is done to obtain the necessary accurate data related to the problem under study. The registration of fiduciary guarantees has been determined by the Fiduciary Guarantee Law Number 42 of 1999, which is also confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012.
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Amilatul, Siti Nur, Suciati Suciati, and Ririen Indria Dian Ambarsari. "Implementasi Pelaksanaan Eksekusi Jaminan Fidusia Berdasarkan Putusan Mahkamah Konstitusi Nomor 18/Puu-Xvii/2019 Tentang Jaminan Fidusia (Studi Pada Koperasi Wahidiyah Ta’Awun Kepanjen Malang)." Jurnal Panorama Hukum 6, no. 1 (September 15, 2021): 61–67. http://dx.doi.org/10.21067/jph.v6i1.5964.
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This study want to identify and analyze directly the implementation of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 regarding the Fiduciary Guarantee Execution and to find out how the default settlement procedure in credit agreements in cooperatives with Fiduciary Guarantee and the obstacles faced in the process of executing fiduciary guarantees. This research is the result of field research field research, the formulation of the problem examined is how the fiduciary guarantee execution mechanism in the Constitutional Court decision No.18 / PUU-XVII / 2019 and how the implementation of fiduciary guarantee execution after the MK decision No.18 / PUU-XVII / 2019 at the Wahidiyah Ta'awun Union Kepanjen. Before the issuance of the Decision of the Constitutional Court Number 18 / PUU-XVII / 2019, the execution of guarantees for debtors who have defaulted is regulated under Articles 29 to Article 34 of Law Number 42 of 1999 concerning the Execution of Fiduciary Collateral. After the Constitutional Court Decision, the execution of fiduciary guarantees is carried out by negotiation and mutual agreement of the default, if there is no agreement between the Debtor and the Cooperative Management, then the applicable legal procedure must be carried out, namely a civil lawsuit in court.
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Randawi, Lupita, Akhmad Khisni, and Amin Purnawan. "Juridical Review of Executorial Confiscation Power after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 Against Act No. 42 of 1999 Regarding Fiduciary Guarantee." Jurnal Akta 7, no. 4 (December 30, 2020): 283. http://dx.doi.org/10.30659/akta.v7i4.14104.
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The purpose of this research is uTo: 1) To determine the legal strength of the executorial confiscation of a fiduciary guarantee certificate against a debtor who is in default (in default) and does not want to voluntarily hand over the goods that are the object of fiduciary security and 2) To know the procedure for implementing the execution of a fiduciary guarantee certificate for debtors who are in default (default) After the Constitutional Court Decision Number 18 / PUU-XVII / 2019 and (3) To find out what weaknesses and solutions can be obtained from the Constitutional Court Decision Number 18 / PUU-XVII / 2019. The data used in this study are primary data, secondary data, and tertiary data that can support the assessment, which are then analyzed using the normative juridical method. Based on the results of data analysis, it is concluded that: 1) based on the decision of the Constitutional Court Number 18 / PUU-XVII / 2019 seizure of the execution of the fiduciary guarantee by the creditor mustdone when there is an agreement regarding the default and the debtor's willingness to hand over the object that becomes the object of fiduciary. 2) If there is no agreement regarding default and the debtor does not voluntarily submit the object of guarantee, then the procedure for executing the fiduciary guarantee is carried out the same as the execution of a court decision which has permanent legal force.
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Kamilah, Anita. "KEABSAHAN SERTIFIKAT JAMINAN FIDUSIA ATAS BARANG MILIK PIHAK KETIGA YANG DIJAMINKAN SECARA MELAWAN HUKUM." Jurnal Hukum Mimbar Justitia 4, no. 1 (June 30, 2018): 22. http://dx.doi.org/10.35194/jhmj.v4i1.363.
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Sustainability of national development is the increase in the life of the community effort that is supported through the granting of credit facilities or loans, as the provision of money or bills that can be equated with that loan agreement borrow the returns are made on a period of time to come. In order to provide protection and reassurance against creditors in obtaining her credit refund, the Government ratified the Act No. 42 Year 1999 About the Fiduciary Guarantee gives the right to the lender through fiduciary certificates as material warranties that are submitted on the basis of trust, where the owner can still use his guarantee for economic activities. The ease, often abused the debtor not good intentioned one through the securing of objects belonging to third parties fiduciary are against the law to the detriment of creditors because it resulted in no fiduciary guarantee legitimately so the lender no longer has the right to obtain payment preferent precedence if the debtor tort in fulfilling the obligation payment of his credit. In addition, the owners of goods that harms his ownership was made the object of a fiduciary guarantee. Legal protection for owners of goods due to the securing of objects that are against the law of fiduciary relationships can do the prosecution indemnity as well as requesting removal of the disturbances a pleasure over the right material.Keywords: Fiduciary Certificates, Credit, Against The Law, Torts.
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Pitanuki, Nowinri Hilgutshiany Marini Pratiwi. "Executions of Fiduciaryry Guarantee Post Constitutional Court Decision No. Nomor: 18/Puu-Xvii/2019." Constitutionale 1, no. 2 (December 27, 2020): 123. http://dx.doi.org/10.25041/constitutionale.v1i2.2173.
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The background that underlies the conduct of this legal research is the existence of a conflict of norms, namely in the Fiduciary Guarantee Act, direct execution can be carried out if the debtor has committed an injury (also called default), but in the Constitutional Court ruling Number: 18 / PUU-XVII / 2019 This is done immediately after the debtor is injured but requires a statement of voluntary interest from the debtor or through a judicial decision. The problem in this research is related to the essence of the execution of fiduciary guarantees, the development of the fiduciary guarantee execution arrangements before and after the Constitutional Court decision Number: 18 / PUU-XVII / 2019 the implications of the Constitutional Court decision Number: 18 / PUU-XVII / 2019 on the principles of simple, fast, and low cost. The type of research used in this research is juridical normative, using a statutory approach and a case approach, as well as primary and secondary legal materials which are analyzed by grammatical and systematic interpretation. The results of this study indicate that the essence of the execution of fiduciary guarantees is to sell fiduciary collateral as repayment of debtor's unfulfilled obligations. The creditor has the right to collect the debtor's achievements including to collect all instalments and other fees that have not been paid by the debtor, and has the right to execute the object that is used as collateral without having to return the excess price from the sale of the object. The execution of the fiduciary guarantee prior to the enactment of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is based on the Fiduciary Guarantee Certificate which contains the words "FOR JUSTICE BASED ON ONE ALMIGHTY GOD". These words indicate that the fiduciary guarantee certificate has executorial power, that is, it has the same power as a court decision which has permanent legal force. The legal implication of the enactment of the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is that a trial must first be held regarding the execution of fiduciary guarantees as a condition for the execution of fiduciary.
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Hermawan, Dofi Yos. "IMPLIKASI HUKUM PENDAFTARAN JAMINAN FIDUSIA ONLINE TERHADAP ASAS PUBLISITAS SEBAGAI SALAH SATU CIRI HAK JAMINAN KEBENDAAN." JURNAL MEDIA HUKUM DAN PERADILAN 5, no. 1 (May 30, 2019): 79–87. http://dx.doi.org/10.29062/jmhp.v5i1.78.
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The main material of the study due to the law of online fiduciary registration on the principle of publicity as one of the characteristics of material security rights, with the formulation of the problem What is the online registration of fiduciary collateral and What is the result of the legal registration of online system fiduciary guarantees for creditors' publicity rights. The conclusions are as follows: Ratio Legis registration of online fiduciary guarantees, is to improve the service of registration of fiduciary guarantees easily, quickly, and at low cost. Fiduciary registration to guarantee legal certainty and fulfillment of the principle of publicity, but online fiduciary registration involves a notary, only a notary who has a password to access the registration of fiduciary collateral rights, for notary registration of fiduciary insurance impairs public / public access to know that the object belonging to the debtor is burdened with fiduciary collateral for repayment of debt when the debtor is in default. The online system registration fiduciary legal consequences of creditor rights, that the registration of fiduciary guarantees with an online system, against creditors has guaranteed legal certainty by issuing fiduciary certificates, but does not guarantee legal certainty if it turns out that objects fiduciary collateral have been made public, so what happens is that fiduciary is repeated, even though according to Article 17 of the Fiduciary Guaranty Law, re-fiduciary is prohibited. The occurrence of this re-fiduciary was indeed complained by the notary because of the lack of publicity principles regarding the condition of objects being burdened as fiduciary guarantees
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Budianto, Agus, and Umar Ma�ruf. "Law Enforcement Against Transfer of Objects Fiduciary in Kudus Police." Jurnal Daulat Hukum 2, no. 1 (March 15, 2019): 103. http://dx.doi.org/10.30659/jdh.v2i1.4214.
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The purpose is achieved in this research are: to know the mechanism of the occurrence of a credit agreement in the German Fiducia between Guarantees the lender with the leasing in the state law enforcement to know Grail in the event of a transfer of the object of the fiduciary guarantee in the region Police Resort of Kudus. To know the constraints in the legal enforcement of the related existence of a Fiduciary guarantee redirects object at Police Resort, and the solution for consumers.This research is the legal research approach or using Empirical Juridical also called as the Juridical Sociological. This research is descriptive analytical research as specified.Research results in the agreement between the creditors and the debtor financing mutual committing yourself, before making the deal, leasing the breathtaking debtor must meet the obligation to pay installments on a timely basis in accordance with the quantity and the date of the has been agreed, then release the rights and obligations not to a make problem. In terms of collateral object is the object of fiduciary transferred to third parties apply the principle creditors can still execute the collateral objects. The transfer of objects into objects fiduciary third parties does not preclude the right of creditors to keep executing the fiduciary guarantee object.The conclusions in this study is on the implementation of the Business Funding and need the assistance of the police dai it will be very easy and possible to overcome the rogue debtor.Keyword: Law Enforcement; The Transfer Object Fiduciary Guarantee; Fiduciary; Police Resort of Kudus
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HAK, Nurmala, and Yuswalina Yuswalina. "KONSEP FIDUSCIAIRE EIGENDOMS OVERDRACHT DALAM KAJIAN FIQH MUAMALAH." Nurani: Jurnal Kajian Syari'ah dan Masyarakat 19, no. 1 (June 28, 2019): 77–90. http://dx.doi.org/10.19109/nurani.v19i1.2711.
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In Civil Law, a fiduciary guarantee is an agreement whereby the debtor binds its agreement to the creditor for the debt payable which makes proof of ownership of an object to be used as collateral for its debt. The agreement that occurs in a fiduciary guarantee called the accession agreement (additional agreement) is not the principal agreement of a loan agreement, to fulfill the achievements among the parties; the fiduciary guarantee must be registered with the fiduciary Registration Office. Whereas the fiduciary concept in Muamalah Fiqh according to the General Provisions of Fatwa DSN-MUI No. 68 / DSN-MUI / III / 2008 About Rahn Tasjily Fidusia is analogous to Rahn Tasjily. The concept of rahn tasjîly the râhin party binds the agreement to the murtahin, which is called the rahn tasjîly agreement by using a debt debt agreement accompanied by a collateral / guarantee in the form of evidence of ownership submitted to the murtahin. This means that the agreement contained in rahn tasjîly is an agreement that is accesoir because collateral in a debt in rahn tasjîly is an additional agreement. The difference between fiduciary guarantees and rahn tasjîly can be seen in terms of maintaining objects. In a fiduciary guarantee, the maintenance of objects that are used as collateral for debt is the obligation of the creditor but the maintenance costs are the responsibility of the debtor. Whereas in rahn tasjîly the maintenance of objects that are used as collateral for debt is not only the obligation of rahin, but can also be carried out by murtahin, while the equality can be seen from various aspects both in terms of definition, object, form of agreement, termination of agreement, and manner of execution goods. One of them is in terms of objects, fiduciary and rahn tasjîly guarantees that are the same as collateral for debt not the form of an object, but proof of ownership of the object.
Keywords: Jaminan, fidusia, rahn, tasjîly.
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Abdullah, Junaidi. "PELAKSANAAN EKSEKUSI JAMINAN FIDUSIA DALAM PERJANJIAN PEMBIAYAAN DI KSPS LOGAM MULIA KECAMATAN KLAMBU KABUPATEN GROBOGAN." YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam 8, no. 1 (April 8, 2018): 121. http://dx.doi.org/10.21043/yudisia.v8i1.3222.
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<p>Any loan or financing agreement made by a sharia financial institution, whether bank or non-bank, more particularly KSPS Logam Mulia, usually requires a guarantee. Guaranteed goods guaranteed by the community or its members may be movable objects such as motorcycles or cars (guaranteed by BPKB) and may be non-moving objects in the form of buildings or land (guaranteed usually land certificates) .To to legalize the guarantee goods, the guarantee goods. For moving objects in the form of fiduciary and immovable property through mortgages.</p><p> With the existence of objects collateralized by the public or members of the Islamic financial institutions, both banks and non-banks with fiduciary guarantee will provide the legal force for the institution to execute objects that have been guaranteed if the people who borrow violate the promise or wanprestasi.</p><p>But in fact, KSPS Logam Mulia has never executed forcibly to the community or its members who have neglected or are unable to perform its obligations ie paying installments on loans or financing it has received.</p><p> From the results of the research can be known execution fiduciary guarantee in KSPS Logam Mulia Klambu District Grobogan District does not execute fiduciary guarantee directly against members who do not perform the obligation mengangsurnya. What factors are the background of not directly executing tehadap assurance of fiduciary objects in KSPS Logam Mulia Klambu District Grobogan Regency is: The reason shariah and Reason kinship.</p>
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Argaputri, Adinda Annisa, Zainal Asikin, and L. M. Hayyanul Haq. "Optimization of Copyright as Fiduciary Guarantee in Increasing Business Productivity." International Journal of Multicultural and Multireligious Understanding 7, no. 10 (November 5, 2020): 339. http://dx.doi.org/10.18415/ijmmu.v7i10.2012.
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This study aims to determine how the requirements for transferring economic rights to copyright optimization as a Fiduciary Guarantee in increasing business productivity, how to determine the economic value in optimizing Copyright as Fiduciary Guarantee in increasing business productivity, and what are the roles and responsibilities of a Notary in making a Guarantee Act. Fiduciary on Copyright in increasing business productivity. The theory used is utility / utilitarianism theory, reward theory, legal certainty theory, and legal responsibility theory. The results of the study show that copyright can be an object of Fiduciary Guarantee due to exclusive rights, namely economic rights owned by the copyright owner. The method used is a normative legal research method. Techniques for studying and analyzing legal materials are using documentary studies. The results of the research show that copyright can be used as an object of Fiduciary Security because copyright is a movable object that is not tangible and that can be transferred to only economic rights to be guaranteed. The requirements for the transfer of economic rights follow the procedures stipulated by UUJF. The current method of assessing the economic value of a Copyright is by using quantitative methods. It consists of a market approach, an income approach and a cost approach. The role of the notary in this case in making the fiduciary guarantee deed has been mentioned in Article 5 paragraph (1) of the UUJF and is based on the responsibilities in effect since taking the oath of office as regulated in Article 65 of the UUJN. Notaries do not participate and are responsible for determining the economic value of a copyright. This is the duty and authority of the Appraisal Agency.
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Dinata, Ari Wirya. "Lembaga Jaminan Fidusia: Pasca Putusan Mahkamah Konstitusi Nomor 18/PUU-XVII/2019." Nagari Law Review 3, no. 2 (April 28, 2020): 84. http://dx.doi.org/10.25077/nalrev.v.3.i.2.p.84-99.2020.
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Fiduciary is one of the guarantees where the debtor has the right to control and take advantage of the goods that are used as fiduciary security objects. Article 15 paragraphs (1), (2), and (3) of Law Number 42 Year 1999 concerning Fiduciary Guarantee regulates the execution mechanism for fiduciary security objects when the fiduciary giver (debtor) experiences breach of promise to the fiduciary recipient (creditor). So far, the execution mechanism for fiduciary security objects regulated in the Act creates legal uncertainty and harms the debtor's rights. Because it gives too much power to the creditor. The imbalance of power relations between debtors and creditors towards the handling of the problem of breach of contract actually causes an injustice in existing fiduciary institutions. The Constitutional Court, through decision number 18 / PUU-XVII / 2019, tries to return the fiduciary institution to the spirit of equilibrium relations between debtors, creditors, and fair fiduciary guarantees. After the decision of the Constitutional Court Number 18 / PUU-XVII / 2019. Has there been a harmonious power relationship between two legal subjects in fiduciary guarantees. This paper examines the pre and post fiduciary guarantee institutions of the Constitutional Court and analyzes the legal consequences that occur. This paper uses a type of juridical-normative research using primary data and primary, secondary and tertiary legal material. While the analysis method uses qualitative methods
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Martam, Nurmin K. "EXECUTIVE IMPLEMENTATION BY DEBT COLLECTOR AGAINST FIDUSIAN OBJECT GUARANTEE." DiH: Jurnal Ilmu Hukum 15, no. 2 (July 11, 2019): 134–42. http://dx.doi.org/10.30996/dih.v15i2.2527.
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Multi - finance institutions in Indonesia are better if the indicator is the number of consumer finance in Indonesia in the last few years. The growth of consumer financing can be seen from all the convenience given by the multi finance. The factor that dominates the forced withdrawal of Fiduciary Guarantee is the existence of problem loans. This problem is al most certainly experienced by any consumer financing institution. The problems discussed in this research are about how the implementation of execution of fiduciary guarantee in the settlement credit toward four wheels (car) The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution, the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No. 130/PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation No 130/PMK. 010/2012
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Wisnanta, I. Wayan Wahyu, I. Nyoman Putu Budiartha, and Ni Made Puspasutari Ujianti. "Pelaksanaan Eksekusi Jaminan Fidusia dalam Hal Debitur Wanprestasi Pada Koperasi Simpan Pinjam Wisata Bali." Jurnal Preferensi Hukum 1, no. 2 (September 15, 2020): 175–80. http://dx.doi.org/10.22225/jph.1.2.2356.175-180.
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Cooperatives hold a very positive role in the improvement of people’s welfare in Indonesia, so that the welfare of the wider community can be enhanced significantly. Cooperatives perform a crucial task to improve the standard of living of all members of society. In carrying out its duties, the cooperative also acts as a financial place that has the purpose of providing loans and other money service needs. This study examines the implementation of the fiduciary guarantee execution and the factors that hinder the implementation of the said fiduciary guarantee if the debtor defaults at the Bali Tourism Cooperative. This research was conducted using empirical legal research. The data source of this research is primary data, which is data obtained from research carried out directly in the field and from cooperatives. The results show that the implementation of fiduciary security at the Bali Tourism Savings and Loans Cooperative is in accordance with the Standard Operating Procedures (SOP) owned by the Bali Tourism Savings and Loan Cooperative and does not conflict with existing regulations. Factors hampering the execution of the fiduciary guarantees in the event of defaulting debtors are guarantees that they are not registered at a fiduciary institution due to cost and time. Therefore, in issuing credit with a fiduciary guarantee, the Bali Tourism Cooperative must make an authentic deed before a notary and be registered with the Ministry of Law and Human Rights in order to further ensure legal certainty for negligence in the obligation to treat fiduciary collateral as the responsibility of the fiduciary debtor.
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Firmansyah, Tegar. "Corporate Finance Legal Protection as a Recipient Fiduciary Warranties Made Object of Evidence in Criminal Problem." Jurnal Daulat Hukum 1, no. 3 (September 6, 2018): 673. http://dx.doi.org/10.30659/jdh.v1i3.3353.
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. In a consumer financing agreement in the form of a motor vehicle then the finance company will carry out the object binding fiduciary insurance for motor vehicles which have been delivered to the consumer. Fiduciary purpose vehicle that has been delivered to the consumer is to secure the creditor on the agreements that have been made of the risk of a breakdown of installments or transferred vehicle that has been tied with the fiduciary guarantee. Mastery of objects that remain in the possession of the debtor could be used to commit a crime which causes fiduciary object used as evidence in court and until the court decision object was confiscated by the state guarantee. The research is qualitative research in the form of descriptive analysis using normative juridical approach. Legal protection against creditors under Article 20 of Act No. 42 Of 1999 regarding Fiduciary stating fiduciary fixed object fiduciary assurance follow wherever located or when objects are on the fiduciary third party then the lender has the authority to take it. Article contains the principle Droite de Suite. The legal consequences of confiscation by the state that is the position of the objects belong to the state and the object can not be used by anyone. Deprivation of fiduciary objects do not cause the voidance of fiduciary so that the debtor shall replace objects fiduciary pursuant to Article 1131 Civil Law Book.Keywords: Legal Protection; Fiduciary; Corporate Financing; Equipment Evidence.
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Suwanto, Suwanto, Sri Kusriyah Kusriyah, and Bambang Tri Bawono. "Criminal Aspects Of The Fiduciary Guarantee Transfer As Decision Basis On Criminal Justice Process." Jurnal Daulat Hukum 3, no. 1 (April 13, 2020): 93. http://dx.doi.org/10.30659/jdh.v3i1.8405.
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The research problems are: What is the criminal aspect to the transfer that occurred on fiduciary as the basis for the decision in the court proceedings? The approach used in this research is normative juridical approach or the written law (law/statute approach), This approach is also known by the literature approach, namely by studying books-books, legislation and other documents related to this research. The study concluded that the diversion of the object fiduciary by the debtor without the consent from creditors including activities that violate the rights of creditors as the recipient of fiduciary protected by the Fiduciary Law, specifically Article 36 of Act No. 42 Of 1999 On Fiduciary.Keywords: Criminal Aspects; Fiduciary Guarantee Transfer; Criminal Justice.
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Martono, Martono. "PROSEDUR EKSEKUSI JAMINAN FIDUSIA." Negara dan Keadilan 9, no. 2 (August 31, 2020): 126. http://dx.doi.org/10.33474/hukum.v9i2.7389.
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Salah satu aspek penting dalam dunia perbankkan yang berkaitan dengan menjalankan aktifitasnya adalah soal jaminan. Pelaksanaan jaminan fidusia dalam perjanjian kredit Bank BPR Bumi Rinjani Syariah Kepanjen Malang, dilakukan melalui mekanisme lain yang menyimpangi ketentuan yuridis normatif, yakni dilakukan dengan cara membuat Surat Kuasa Jual atas Obyek Jaminan Fidusia, Manfaat secara yuridis terhadap Surat Kuasa Jual Atas Obyek Jaminan Fidusia yang telah di waarmerking oleh Notaris, adalah bahwa bagi pihak Bank BPR akan semakin meneguhkan kedudukan Bank BPR sebagai kreditur untuk bisa menjual benda jaminan, meski tanpa mendaftarkan jaminan fidusia di Kantor Pendaftaran Fidusia.Kata kunci: jaminan, fidusia, norma, eksekusi One important aspect in the banking world related to carrying out its activities is the matter of collateral. The implementation of fiduciary guarantees in the credit agreement of BPR Bumi Rinjani Syariah Kepanjen Bank Malang, is carried out through other mechanisms that deviate from normative juridical provisions, which is done by making a Power of Attorney to sell the Fiduciary Guarantee Object, a juridical benefit to the Power of Attorney for the Fiduciary Guarantee Object that has been on the waarmerking by the Notary, is that for the BPR Bank will further strengthen the position of the BPR Bank as a creditor to be able to sell collateral, even without registering fiduciary collateral at the Fiduciary Registration Office. Keywords: guarantee, fiduciary, norm, execution
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Isnainul, O. K., Anis Mashdurohatun, Gunarto, and Darwinsyah Minin. "Ideal Legal Concept of Fidusia Guarantee Registration Obligations by Justice-Based Financing Companies." Journal of Asian Research 3, no. 2 (April 11, 2019): 139. http://dx.doi.org/10.22158/jar.v3n2p139.
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<em>In lending and borrowing activities, there are legal products used by the community in the form of guaranteeing goods to obtain financing. This is where fiduciary security is present to meet legal needs in guaranteeing lending and borrowing activities. This study aims to (1) review and analyze the implementation of Fiduciary registration obligations by finance companies based on Law Number 42 year 1999 concerning Fiduciary Guarantees (hereinafter referred to as UUJF), (2) review and analyze law enforcement in finance companies that do not register guarantees and formulate the ideal legal concept of justice-based fiduciary registration obligations. This study used research on normative law which includes legal principles, legal systematics, legal synchronization, and legal history. The findings in this study are first, the implementation of Fiduciary registration obligations by finance companies, are not obeyed or ignored by finance companies, because UUJF does not regulate legal sanctions. Second, law enforcement in finance companies that do not register guarantees is not optimal, synchronization and disharmony occur in the UUJF with the Regulation of the Minister of Finance Number 130/PMK.010/2012, the provisions of UUJF have no forced efforts in terms of law enforcement of the obligations of finance companies to register fiduciary guarantees. Third, the ideal legal concept is the obligation to register fiduciary collateral based on justice through institutional reconstruction, structure and legal culture.</em>
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Carakata, Sharen Peari, and Ambar Budhisulistyawati. "PERLINDUNGAN HUKUM BAGI KREDITUR TERHADAP OBJEK JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN PADA KANTOR PENDAFTARAN FIDUSIA (Studi di Kementerian Hukum dan HAM Kantor Wilayah DIY)." Jurnal Privat Law 7, no. 2 (July 1, 2019): 295. http://dx.doi.org/10.20961/privat.v7i2.39339.
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<p>Abstract</p><p>This article aims to explain the law protection form given to the creditor toward the fiduciary guarantee object that is not registered to Fiduciary Registration Office. The researcher studies the protection form given to the creditor if the fiduciary deed is not registered to the Fiduciary Registration Office. This research is a descriptive empirical legal research. The approach of the research is qualitative approach which is a research method that produce analytical descriptive data. The data were collected through document analysis or library material, observation, and interview. The techniques for analyzing the data were qualitative method. The fiduciary object that is not registered to the Fiduciary Registration Office is a regular civil agreement where the law protection to the creditor is a common agreement that is limited to a law protection that does not have special rules or special rights that are written or does not have preference rights as stated in Fiduciary Guarantee Law if the fiduciary guarantee is registered to the Fiduciary Registration Office.</p><p> </p><p>Keyword: Fiduciary guarantee; fiduciary registration; law protection.</p><p> </p><p>Abstrak</p><p>Artikel ini bertujuan untuk menjelaskan mengenaibagaimana bentuk dari perlindungan hukum bagi</p><p>kreditur terhadap objek jaminan fidusia yang tidak didaftarkan pada kantor pendaftaran fidusia. Dimana penulismengkaji bentuk dari pelindungan hukum bagi kreditur apabila akta jaminan fidusia tersebut tidak didaftarkan. Penelitian ini merupakanpenelitian hukum empiris yang bersifat deskriptif. Pendekatan yang dilakukan menggunakan pendekatan kualitatif, yang merupakan suatu tata cara penelitian yang menghasilkan data deskriptif-analitis.Teknik pengumpulan data yang digunakan studi dokumen atau bahan pustaka, pengamatan dan wawancara.Teknik analisis data yang digunakan dalam penelitian ini adalah dengan menggunakan metode kualitatif.Jaminan fidusia yang tidak didaftarkan pada Kantor Pendaftaran Fidusia merupakan sebuah perjanjian keperdataan biasa dimanaperlindungan hukum bagi kreditur merupakan perjanjian secara umum yaitu hanya sebatas perlindungan hukum yang tidak memiliki peraturan atau hak-hak khusus yang dicantumkan ataupun tidak memiliki hak preferensi seperti yang tercantum didalam Undang-undang Jaminan Fidusia apabila jaminan fidusia tersebut didaftrarkan pada Kantor Pendaftaran Fidusia. </p><p> </p><p>Kata Kunci: Jaminan fidusia; pendaftaran fidusia; perlindungan hukum.</p>
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Hedistira, Dija, and '. Pujiyono. "KEPEMILIKAN DAN PENGUASAAN OBJEK JAMINAN FIDUSIA APABILA TERJADI SENGKETA WANPRESTASI DALAM PERJANJIAN KREDIT." Jurnal Privat Law 8, no. 1 (February 2, 2020): 78. http://dx.doi.org/10.20961/privat.v8i1.40372.
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<p>Abstract<br />This article aims to analyze the ownership and mastery of a fiduciary collateral object, in cases that often occur today, many disputes between creditors and debtors in fiduciary collateral agreements are caused because creditors assume that with executive rights as fiduciary recipients, the fiduciary collateral object legally owned by creditors and creditors the right to take and sell fiduciary collateral objects when the debtor defaults unilaterally, as well as the debtor who considers that the fiduciary collateral object is owned by him because the object is registered on his name, so that the debtor can use the object free as giving to a third party or selling the object of fiduciary guarantee unilaterally. the author uses a normative <br />juridical approach, and deductive analysis method based on the Civil Code and fiduciary law applicable in Indonesia, Law No. 42 of 1999 concerning Fiduciary Guarantees. The conclusion of the discussion is the ownership of the object of the Fiduciary Guarantee is owned by the debtor in accordance with the Law, mastery of the object of collateral controlled by the debtor for economic benefits, the procedure of execution The object of Fiduciary Guarantee is carried out in accordance with the Fiduciary Guarantee Act, an alternative mediation in resolving the dispute. There needs to be clarity in the use of language in making a law, so as not to conflict with each other between Article one and the other Articles.<br />Keywords: Ownership; Mastery; Object of Fiduciary Guarantee; Debtor; Creditors.</p><p>Abstrak<br />Artikel ini bertujuan untuk menganalisis tentang kepemilikan dan penguasaan suatu objek jaminan fidusia, dalam kasus yang saat ini sering terjadi, banyak sengketa antara kreditur dan debitur dalam perjanjian jaminan fidusia disebabkan karena kreditur beranggapan bahwa dengan adanya hak eksekutorial sebagai penerima fidusia, maka objek jaminan fidusia tersebut secara sah dimiliki oleh kreditur dan kreditur berhak mengambil dan menjual objek jaminan fidusia saat debitur cidera janji<br />(wanprestasi) secara sepihak, begitupun dengan debitur yang menganggap bahwa objek jaminan fidusia tersebut dimiliki olehnya karena objek tersebut terdaftar atas namannya, sehingga debitur dapat mempergunakan objek tersebut secara bebas seperti menyerahkan kepada pihak ketiga atau menjual objek jaminan fidusia tersebut secara sepihak. penulis menggunakan pendekatan yuridis normatif, dan metode analisis deduktif yang didasarkan pada Kitab Undang-Undang Hukum Perdata<br />dan hukum jaminan fidusia yang berlaku di Indonesia, Undang-Undang No. 42 Tahun 1999 tentang Jaminan Fidusia. Kesimpulan pembahasan adalah Kepemilikan Objek Jaminan Fidusia dimiliki oleh debitur sesuai Undang-undang, penguasaan objek jaminan dikuasai debitur untuk manfaat ekonomis, prosedur eksekusi Objek Jaminan Fidusia dilakukan sesuai dengan Undang-Undang Jaminan Fidusia, alternatif secara mediasi dalam menyelesaikan sengketa yang terjadi. Perlu ada kejelasan dalam<br />penggunaan bahasa pada pembuatan suatu Undang-Undang, agar tidak saling bertentangan antar Pasal satu dengan Pasal yang lainnya. <br />Kata Kunci: Kepemilikan; Penguasaan; Objek Jaminan Fidusia; Debitur; Kreditur.</p>
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Mashdurohatun, Anis. "Development of Micro, Small, Medium Enterprices Intellectual Property Rights as Fiducia Guarantee Object in Credit Agreement in Banking Institutions in Indonesia." Turkish Journal of Computer and Mathematics Education (TURCOMAT) 12, no. 3 (April 10, 2021): 1318–29. http://dx.doi.org/10.17762/turcomat.v12i3.903.
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Intellectual Property as a material right can be used as a fiduciary guarantee. This study aims to analyze the factors that influence banking institutions not yet utilizing the MSMES IPR as a fiduciary guarantee in credit agreements at the banking institution and to know the obstacles of the MSMES IPR as an object of fiduciary security and the Development of the Intellectual Property Rights of the MSMES as an object of fiduciary collateral in the credit agreement at the banking institution in Indonesia. The method of approach in this research is sociological juridical. Data collection was carried out with literature and field studies (through observations, questionnaires and interviews) of intellectual property holders and banking institutions. Data analysis was performed using qualitative descriptive analysis. The research found that factors affecting banking institutions not yet utilizing MSMES IPR as a fiduciary guarantee in Indonesia are due to the absence of standardization of assessments or determining the nominal value of IPR, regarding the risk of fluctuations in value of IPR, there is no market (seller and buyer) of IPR and procedures or mechanisms Execution of Execution of IPR guarantees. Development of Intellectual Property Rights of MSMEs as Fiduciary Objects in Credit Agreements in Banking Institutions in Indonesia, several things need to be strengthened in legal substance, Establishment of IP IPR Institutions, Notaries in making deeds, registrations and fiduciary certificates of MSMES IPR through the Ministry of Law and Human Rights, MSMES IPR Execution, Companies / individuals who will buy IPRs and Insurance Institutions as guarantors as well as the legal culture of IPR SMEs.
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Hasanah, Uswatun, Azhari Azhari, and M. Jafar. "TANGGUNG JAWAB MITRA TERHADAP MUSNAHNYA BENDA JAMINAN FIDUSIA PADA AKAD PEMBIAYAAN MURABAHAH." Jurnal Hukum dan Kenotariatan 5, no. 2 (May 27, 2021): 290. http://dx.doi.org/10.33474/hukeno.v5i2.10670.
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Tujuan dari penelitian ini adalah untuk memberikan penjelasan yang jelas terhadap kedudukan Jaminan Fidusia dalam akad pembiayaan murabahah, untuk menjelaskan tanggung jawab mitra atas hilangnya item Jaminan Fidusia dalam akad pembiayaan murabahah, menjelaskan bentuk penyelesaian hilangnya Jaminan Fidusia yang hilang. Item dalam akad pembiayaan murabahah. Tesis ini menggunakan metode penelitian yuridis empiris yang menitikberatkan pada teori hukum dan aturan hukum yang berkaitan dengan permasalahan penelitian dan terkait dengan pelaksanaan yang ada mengenai perjanjian kredit dengan jaminan fidusia pada bank syari'ah dan menghadapi masalah-masalah yang terjadi dalam prakteknya. Bersama dengan solusi yang diterapkan. Hasilnya, penulis menemukan bahwa mitra jaminan fidusia harus bertanggung jawab penuh kepada bank dalam mengganti objek jaminan fidusia yang kemungkinan bisa saja musnah selama perjanjian fidusia masih berjalan dengan harta miliknya sendiri seolah-olah jaminan fidusia tersebut hilang. Objek disebabkan oleh tindakan yang secara sengaja atau melawan hukum dari jaminan fidusia. Selain itu, terdapat perlindungan hukum khusus bagi para pihak dalam perjanjian jaminan fidusia bank terhadap pemusnahan jaminan fidusia di mana bank berhak menuntut ganti rugi kepada mitra atas pemusnahan objek jaminan fidusia dengan meminta mitra untuk mengganti. Benda fidusia yang hilang atau musnah beserta uang yang nilainya sama atau dengan harga asli benda yang hilang tersebut.Kata Kunci: Tanggung jawab mitra, jaminan fidusia, kontrak pembiayaan murabahah The aim of this research is to give the clear explanation towards the standing of Fiduciary Collateral in murabahah financing contract, to explain the partner's responsibility for the missing of Fiduciary Collateral items in murabahah financing contract, to explain the settlement form of the missing of Fiduciary Collateral item in murabahah financing contract. This thesis uses the empirical juridical research method which emphasizes to the legal theories and the legal rules which relates to the research problem and related to the implementation which exists regarding credit agreements with fiduciary guarantees in syari'ah banks and facing the occurring problems encountered in practice along with the implemented solution. As the results, the author found that fiduciary guarantee partners must be fully responsible to the bank in replacing fiduciary collateral objects which possibly could have been destroyed as long as the fiduciary agreement is still ongoing with their own properties as if the missing of the fiduciary guarantee object is caused by deliberately or unlawful acts of the fiduciary guarantee. Moreover, there is any specific legal protection for the parties in a bank fiduciary guarantee agreement against the destruction of fiduciary collateral where the bank has the right to claim for compensation towards the partner for the destruction of the fiduciary collateral object by asking the partner to replace the missing or destroyed fiduciary object with the amount of money which has the equal values or original price of the missing object.Keywords: Partner’s responsibility, fiduciary collateral, murabaha financing contract
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HANDOKO, WIDHI. "Jaminan Fidusia dan Potensi Meningkatkan Laju Ekonomi." Recital Review 1, no. 1 (December 19, 2018): 50–70. http://dx.doi.org/10.22437/rr.v1i1.6067.
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Launch of online fiduciary reform is a concrete step that will contribute positively to the strengthening of security system moving objects Indonesia. The low compliance with registration and revocation of registration of fiduciary requires supporting policies that can support the compliance. Fiduciary will be optimal if the markets take full advantage of fiduciary guarantee registration system as a tool for business decision-making. Need an integrated policy between the authorities in the legal sector with the authorities in the financial sector/financing to support the implementation and utilization of the fiduciary
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Alrawi, Ardiansyah, and Gunarto Gunarto. "Fiduciary Agreement Implementation in Car Credit Agreement on Financing Institutions of Mandiri Finance of Cirebon Based on Act No. 42 of 199 About Fiduciary." Jurnal Akta 5, no. 3 (September 5, 2018): 655. http://dx.doi.org/10.30659/akta.v5i3.3238.
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The emergence of various institutions today's economy helped spur the economy of the community. But unfortunately the growth of the economic institutions are not supported by an adequate legal development. The presence of various financial institutions helped bring a major role in economic development of society, especially the poor. These financial institutions emerged as a form of providing funds or capital goods for the public to purchase goods on payment in installments or periodically by consumers. Construction consumer finance based on an agreement with the principle of freedom of contract as legal bases for both parties. In practice financing undertaken by financial institutions poured in the form of a credit agreement. In each of providing credit to their customers finance institutions always face a risk, therefore the customer's business situation and developments to be followed continuously starts the moment the credit is given to the loan. As for giving legal protection to the parties in the process of providing collateral (guarantee), then one of them is with the enactment of Law Fiduciary. Implementation of lending followed by a fiduciary assurance processes at financial institutions in the city of Cirebon most important is the legal effect if the Borrower defaults which are expected to creditors (financial institutions) can be easily exercised fiduciary object. Constraints faced in a fiduciary guarantee is as follows: a. Any cost of making a deed by the Borrower felt heavy, incomplete b. Any requirements of the Borrower to elaborate on the type, brand and quality of the fiduciary object, c. The office registration still limited fiduciary, fiduciary registration e. The office could not provide information on everything about the guarantee with the issuance.Keywords: Financing Institution, Credit Agreements, Fiduciary.
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Rizayusmanda, Rizayusmanda. "KAJIAN NORMATIF TENTANG PROSES PELAKSANAAN PEMBEBANAN JAMINAN FIDUSIA ATAS JAMINAN PERSEDIAAN BARANG DAN PIUTANG DAGANG DI DUNIA PERBANKAN." Solusi 17, no. 1 (January 1, 2019): 76–83. http://dx.doi.org/10.36546/solusi.v17i1.154.
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Banking is an institution that is vulnerable to risks related to money. The banking position as a mediator that connects those with surplus and financial deficits, banks must maintain good relations with the two parties. Banking decisions must be moderate, namely considering the desires of both parties because without the two parties, banking activities are not running. But if you are not careful in disbursing loans, bad credit will occur, then to protect the money disbursed, the debtor must provide collateral to the bank. This paper is a normative legal research that is research aimed at written regulations relating to the procedure for carrying out fiduciary collateral for collateral in the form of inventory and trade receivables according to Fiduciary Law Number 42 of 1999, and the legal consequences if the collateral is in the form of inventory the goods and receivables are not processed by loading fiduciary and registering them to the Fiduciary Registration Office. In the implementation of Fiduciary Collateral Imposition, especially collateral for credit in the form of goods and trade receivables, as determined by law, by registering the Fiduciary Deed of Registration with the Fiduciary Registration Office - Ministry of Law and Human Rights. For collateral for loans financed by banks, the Actions made under the hand or Notarial but not registered with the Fiduciary Deed of Registration at the Fiduciary Security Registration Office, do not get preferential rights and an executorial right guaranteed by the Fiduciary Guarantee Institute, and the Fiduciary Guarantee Agreement is only in the form of a Fiduciary Deed Registration Office. under the hand that has no executive power
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SH., MH., Nurwati. "PROTECTION OF CREDITORS IN THE EXECUTION FIDUCIARY GUARANTEE KENDARAAN MOTOR CREDIT." DE RECHTSSTAAT 1, no. 1 (March 15, 2015): 62–75. http://dx.doi.org/10.30997/jhd.v1i1.418.
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ABSTRACTFiduciary security is legal security over on moving objects both tangible and intangible, and building or a house on the land belong to someone else, either registered or not, which cannot be burdened with mortgage rights that keep in control of the fiduciary as collateral of debt repayment. If debtor as Fiduciary giver to be insolvent, so the creditor is entitled to have the fiduciary mentioned. For repayment of the debtor and the creditor in this case is called the right separatists. There are many direct execution in banking practice about the object credit that are not perfect bound of guarantees or not through the insurance agency. Execution is doing by creditors, which debtor accompanied or not, or the object credit guarantees owner. Execution is done by regular sales or through creditor takeover. Protection of creditors interest doing by giving legal aspects of registration precedes rights while providing executorial title for the fiduciary receivers benefit, on the other hand, the registration arrangements for certain objects that are not listed cause haziness opportunities of law implementation if it isnot done by carefully and clearly. To protect creditors interests, at the time of the debtor defaults, so that creditors as apreferential rights receiver in debt collection and as legal evidence, so warehouse receipts guarantee that the debtor should be given the imposition of bail.Key: Execution, Fiduciary, Creditors, Debtors
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Pasaribu, Enni Martalena, Darwinsyah Minin, Marlina Marlina, and M. Citra Ramadhan. "Analisis Hukum terhadap Benda Jaminan Fidusia yang Digadaikan oleh Debitur Kepada Pihak Lain." ARBITER: Jurnal Ilmiah Magister Hukum 1, no. 1 (May 2, 2019): 53–65. http://dx.doi.org/10.31289/arbiter.v1i1.105.
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The research aims to examine the transfer of ownership rights of an object on the basis of trust provided that the object whose ownership rights are transferred remains in the possession of the owner of the object. While the fiduciary guarantee is a fiduciary guarantee institution that can be used to bind the collateral object in the form of movable and immovable objects, especially buildings that cannot be encumbered by mortgage rights. But sometimes the fiduciary collateral is not always the fiduciary giver (debtor) as is mortgaged. Based on this the authors are interested in conducting more in-depth research about collateral objects that are mortgaged by the debtor to other parties. The approach method used in this research is empirical juridical. The data obtained is guided by the empirical aspects that are used as a tool. The research results obtained that the provisions regarding fiduciary guarantees are regulated in the contractual agreement clause by the finance company (PT. SMS Finance and PT BAF Medan Branch) and if not clearly regulated then the provisions of Law Number 42 of 1999 concerning Fiduciary Guarantees apply.
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Wijaya, Happy Trizna. "AKIBAT HUKUM ATAS PENYITAAN OBYEK JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN." Jurnal Hukum Bisnis Bonum Commune 3, no. 1 (January 24, 2020): 39–53. http://dx.doi.org/10.30996/jhbbc.v3i1.3039.
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Consumer finance companies often take the action of taking objects that are used as fiduciary collateral when the debtor is unable to repay the loan. This was done because the consumer finance institution did not register the fiduciary guarantee with the Fiduciary Office. By not registering fiduciary guarantees, the fiduciary guarantee institution does not get a fiduciary guarantee certificate in which there is a clause of the sentence "FOR JUSTICE BASED ON THE ALMIGHTY GOD" Permanent legal remedies taken by debtors holding fiduciary guarantees confiscated by financial institutions are as far as possible to maintain the right to ownership of the vehicle used as fiduciary security, and if the financing institution takes by force, the debtor can report to the police on the basis of the consumer financing institution has seized fiduciary guarantees and at the same time sues for compensation in the form of reimbursement of costs, losses and interest on the basis of consumer financing has committed acts that violate the law as Article 1365 of the Civil Code.Perusahaan pembiayaan konsumen sering mengambil tindakan mengambil obyek yang dijadikan jaminan fidusia ketika debitur tidak mampu membayar pinjamannya. Hal ini dilakukan karena lembaga pembiayaan konsumen tidak mendaftar jaminan fidusia tersebut ke Kantor Fidusia. Dengan tidak didaftarkannya jaminan fidusia, maka lembaga jaminan fidusía tidak mendapatkan sertifikat jaminan fidusia yang di dalamnya terdapat irah-irah kalimat "DEMI KEADILAN BERDASARKAN KETUHANAN YANG MAHA ESA” Irah-irah kalimat tersebut mempunyai kekuatan esksekusi atas kekuasaannya sendiri sebagaimana putusan pengadilan yang telah memperoleh kekuatan hukum tetap. Upaya hukum yang ditempuh oleh debitur pemilik jaminan fidusia yang disita oleh lembaga pembiayaan adalah sedapat mungkin mempertahankan hak atas kepemilikan kendaraan yang dijadikan jaminan fidusia tersebut, dan apabila lembaga pembiayaan mengambil secara paksa. Debitur dapat melaporkan kepada pihak kepolisian atas dasar lembaga pembiayaan konsumen telah melakukan perampasan jaminan fidusia dan sekaligus menggugat ganti kerugian berupa penggantian biaya, rugi dan bunga atas dasar pembiayaan konsumen telah melakukan perbuatan melanggar hukum sebagaimana pasal 1365 KUHPerdata.
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Kuswanto, Heri. "PENGAMBILALIHAN HAK ATAS JAMINAN (EKSEKUSI) JAMINAN FIDUSIA DAN RAHN TASJILY PERSEPEKTIF HUKUM POSITIF DAN HUKUM ISLAM." Media Keadilan: Jurnal Ilmu Hukum 10, no. 2 (October 31, 2019): 186. http://dx.doi.org/10.31764/jmk.v10i2.2015.
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The phenomenon that occurs is related to the taking over of the right to guarantee (execution) of fiduciary security and Rahn Tasjily in the execution of executions carried out by financial institutions that do not comply with applicable laws and regulations. This research uses Normative legal methods, with qualitative descriptive analysis and critical legal studies. The results of the study that the process of taking over the right to guarantee (execution) fiduciary regulated in article 29 (1) of the fiduciary guarantee law. Among the first, execution based on Grosse fiduciary guarantee certificate or executable title (fiat execution) contained in the Fiduciary Guarantee Certificate carried out by the fiduciary recipient. Second, an execution based on the execution of separate executions through public auctions by fiduciary recipients. Third, execution by sale under the hand by the creditor fiduciary himself, and fourth, fiduciary execution by claiming. Based on Islamic law, the process of expropriation of the right to guarantee (execution) Rahn Tasjily, that the procedure for executing Marhun (collateral object), if due. Murtahin must warn Rahin to pay off her debt immediately. If the Rahin still cannot repay its debt, then Marhun is forcibly sold/executed through an auction, according to sharia. Marhun sales proceeds used to pay off debt, maintenance, and storage costs that have not paid and sales costs. The excess proceeds from the sale belong to Rahin, and the shortcomings become Rahin obligations. The execution process carried out by sharia companies must be based on fatwa no. 25/DSN-MUI/III/2002, and fatwa no. 92/ DSN-MUI/IV/2014. Positive law and Islamic law, which become normative references, have not been well understood and applied by the finance parties, causing injustice and legal uncertainty.Keywords: expropriation of rights, fiduciary guarantee, rahn tasjily ABSTRAKFenomena yang terjadi terkait pengambilalihan hak atas jaminan (eksekusi) jaminan fidusia dan rahn tasjily pada pelaksanaan eksekus yang dilakukan oleh lembaga pembiayaan tidak mematuhi aturan perundang-undangan yang berlaku. Penelitian ini menggunakan metode hukum Normatif, dengan analisis deskriptif kualitatif dan studi hukum kritis. Hasil penelitian bahwa, proses pengambilalihan hak atas jaminan (eksekusi) fidusia telah diatur dalam pasal 29 (1) undang-undang jaminan fidusia. Diantaranya pertama, eksekusi berdasarkan grosse sertifikat jaminan fidusia atau titel eksekutorial (secara fiat eksekusi) yang terdapat dalam Sertifikat Jaminan Fidusia yang dilakukan oleh penerima fidusia. Kedua, eksekusi berdasarkan pelaksanaan parate eksekusi melalui pelelangan umum oleh penerima fidusia. Ketiga, eksekusi secara penjualan di bawah tangan oleh kreditor pemberi fidusia sendiri, dan keempat, eksekusi fidusia secara mendaku. Berdasarkan hukum Islam, proses pengambilalihan hak atas jaminan (eksekusi) rahn tasjily, bahwa prosedur pengeksekusisan marhun (objek jaminan), apabila jatuh tempo. Murtahin harus memperingatkan Rahin untuk segera melunasi hutangnya. Apabila rahin tetap tidak dapat melunasi hutangnya, maka marhun dijual paksa/dieksekusi melalui lelang sesuai syariah. Hasil penjualan marhun digunakan untuk melunasi utang, biaya pemeliharaan dan penyimpanan yang belum dibayar serta biaya penjualan. Kelebihan hasil penjualan menjadi milik rahin dan kekurangannya menjadi kewajiban rahin. Adapun proses eksekusi yang dilakukan oleh perusahaan syariah harus berdasarkan fatwa Nomor: 25/DSN-MUI/III/2002, dan fatwa Nomor:92/DSN-MUI/IV/2014. Hukum positif dan hukum Islam yang menjadi rujukan normatif, belum difahami dan diterapkan dengan baik oleh pihak pembiayaan, sehingga menimbulkan ketidakadilan dan ketidakpastian hukum. Kata Kunci : jaminan eksekusi fidusia,pengambilalihan hak, rahn tasjily
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Ardana, Yudhistira, Dian Herlambang, Yoga Catur Wicaksono, and Muhammad Ridho Wijaya. "AKIBAT HUKUM DEBITOR WANPRESTASI TERHADAP PERJANJIAN HAK PATEN SEBAGAI OBJEK JAMINAN FIDUSIA." Lex Librum : Jurnal Ilmu Hukum 7, no. 2 (June 4, 2021): 111. http://dx.doi.org/10.46839/lljih.v7i2.214.
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Economic actors in the framework of developing a business as owner or patent holder can access credit from financial institutions with patents as objects of fiduciary institution. So that patents are based on the law, but were born because they had to be advance in advance between the fiduciary guarantee institution as the creditor and the inventor as the debtor The problem in this study is why patents can be used as fiduciary collateral objects and how the legal consequences for debtors who commit defaults. This research is a normative legal research. In this study, what is examined is the positive legal provisions regarding patent rights, namely Law Number 13 of 2016 concerning Patents and Law Number 42 of 1999 concerning Fiduciary Guarantees. This type of research used is descriptive with a problem approach that will be conducted normatively juridical. Patents can be used as collateral for debt by using fiduciary security institutions because patents are part of intellectual property rights where patents have economic principles that will provide economic benefits to the patent owner. Patents are classified as immovable property. The legal consequences of debtors who commit default will lead to fiduciary guarantee execution activities. Execution of fiduciary collateral is confiscation and sale of objects which are subject to fiduciary collateral. As a result of the sale of this fiduciary object in the form of a patent, the creditors lose their debts to the debtor, which means the debtor's debt has been paid off, then from the debtor's loss of patent rights he previously had such as.
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Hadinata, Ryan Ari. "Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects." NORMA 18, no. 2 (July 30, 2021): 27. http://dx.doi.org/10.30742/nlj.v18i2.1588.
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The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary
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Budi Santoso, Febriyan, and Gunarto Gunarto. "The Implementation Of Act No. 42 Of 1999 On The Agreement Associated Fiduciary Guarantee Made By The Notary In Kudus." Jurnal Akta 5, no. 3 (September 5, 2018): 681. http://dx.doi.org/10.30659/akta.v5i3.3242.
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The purpose of this study (1) To analyze whether the fiduciary Agreement of Notary in Kudus which implemented the Act No.42 Of 1999 on Fiduciary (2) to analyze What barriers and solutions for Notary in Kudus in practicing the implementation of a credit agreement with fiduciary Agreement he made. Juridical approach method performed empirically, that is an approach which is conducted to analyze the extent to which a rule of law or the law being applied effectively.[1] Discussion of the results showed that (1) fiduciary Agreement of Notary in Kudus what is already implementing Act No.42 Of 1999 on Fiduciary (2) barriers and solutions for Notary in Kudus in practice the implementation of a credit agreement with a fiduciary warranty Agreement made.Keywords: Notary Agreement; Implementation; Agreement of Fiduciary.[1] Soerjono Soekamto 1982 Pengantar Penelitian Hukum UI Jakarta Page 52
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Yasin, Akhmad. "Dampak Jaminan Fidusia Kredit Kendaraan Bermotor yang Tidak Didaftarkan terhadap Penerimaan Negara Bukan Pajak." Jurnal Konstitusi 17, no. 4 (January 25, 2021): 828. http://dx.doi.org/10.31078/jk1746.
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AbstractMotor vehicles ownership through finance companies can be realized after going through a series of procedures before a notary and fiduciary registration office. However, this series of procedures are not done by finance companies in providing motor vehicle financing to consumers. Increasing consumer financing to the public for motor vehicles ownership should also increase the number of non-tax state revenues from fiduciary guarantees.The study purpose is to know the legal consequences for fiduciary recipients who did not register their fiduciary guarantees and to know the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The formulation of the problem in the research question is how the legal consequences for fiduciary recipients who do not register their fiduciary guarantees and how the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The research method used is descriptive qualitative normative legal research using secondary data. The study results found that fiduciary finance companies/recipients did not register their fiduciary guarantee, so they committed illegal acts by utilizing third parties to execute motorized vehicles that were not actually burdened with fiduciary guarantees. The executor's right to fiduciary recipient is legally flawed because he does not hold a fiduciary guarantee certificate as a result of not registering a motorized vehicle as a fiduciary guarantee. The impact on state finances because they were not registering motor vehicles as fiduciary guarantees at the fiduciary registration office resulting in non-tax revenue (PNBP) being not optimal for the state. Key words: fiduciary guarantees, motor vehicles, and nontax state revenues. AbstraksiKepemilikan kendaraan bermotor melalui perusahaan pembiayaan dapat diwujudkan setelah melalui serangkaian prosedural di hadapan notaris dan kantor pendaftaran fidusia. Namun, serangkaian prosedural ini tidak dilakukan oleh perusahaan pembiayaan dalam penyediaan pembiayaan kendaraan bermotor kepada konsumen. Peningkatan pembiayaan konsumen kepada masyarakat terhadap kepemilikan kendaraan bermotor seharusnya juga ikut meningkatkan jumlah penerimaan negara bukan pajak dari jaminan fidusia.Tujuan penelitian adalah untuk mengetahui akibat hukum bagi penerima fidusia yang tidak mendaftarkan jaminan fidusianya dan untuk mengetahui dampak jaminan fidusia yang tidak didaftarkan terhadap penerimaan negara bukan pajak (PNBP). Perumusan masalah dalam pertanyaan penelitian adalah bagaimana akibat hukum bagi penerima fidusia yang tidak mendaftarkan jaminan fidusianya dan bagaimana dampak jaminan fidusia yang tidak didaftarkan terhadap penerimaan negara bukan pajak (PNBP). Metode penelitian yang digunakan adalah penelitian hukum normatif yang bersifat deskriptif kualitatif menggunakan data sekunder. Hasil penelitian menemukan bahwa perusahaan pembiayaan/penerima fidusia yang tidak mendaftarkan jaminan fidusianya, sehingga mereka melakukan perbuatan melawan hukum dengan memanfaatkan pihak ketiga untuk mengeksekusi kendaraan bermotor yang sebenarnya tidak dibebani jaminan fidusia. Hak eksekutorial penerima fidusia cacat hukum karena tidak memegang sertifikat jaminan fidusia akibat tidak didaftarkannya kendaraan bermotor sebagai jaminan fidusia. Dampak bagi keuangan negara akibat dari tidak didaftarkannya kendaraan bermotor sebagai jaminan fidusia di kantor pendaftaran fidusia mengakibatkan tidak optimalnya penerimaan negara bukan pajak (PNBP) bagi negara. Kata kunci: jaminan fidusia, kendaraan bermotor dan penerimaan negara bukan pajak.
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Rachmat, Devie, Ade Pratiwi, and Suhendro Suhendro. "PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DI PT PEGADAIAN KANTOR WILAYAH II KOTA PEKANBARU." Ensiklopedia Sosial Review 3, no. 2 (July 19, 2021): 198–203. http://dx.doi.org/10.33559/esr.v3i2.787.
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In line with the government's program to encourage lending to small businesses and the weak economic class which is the largest part of the Indonesian people. So it is expected that with credit based on fiduciary system can help both credit recipients and creditors. One of the parameters of a good material debt guarantee is when the right of guarantee can be executed quickly with a simple, efficient process and contains legal certainty. The specific target of this study is to explain the problem solving about the implementation of Fiduciary Guarantee Object Execution Based on the Decision of the Constitutional Court No. 18/PUU-XVII/2019 at PT Pegadaian KantorWilayah II Pekanbaru City.
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Felisa, Aulia. "FUNGSI NOTARIS DALAM PENGHAPUSAN JAMINAN FIDUSIA SECARA ELEKTRONIK." JURNAL MEDIA HUKUM DAN PERADILAN 4, no. 1 (May 30, 2018): 18–34. http://dx.doi.org/10.29062/jmhp.v4i1.2.
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The role o notary in the registration of fiduciary security to the secrecy of electronic securities fiduciary must be great, considering its participation from the very beginning before entering to register electronically until the time to register electronically until printing the fiduciary guarantee registration of course the legal certainty must be guaranteed either for fiduciary, fiduciary, or third party beneficiaries. Law No. 2 of 2014 concering the amandement to law No. 30 of 2004 concering the positionof a notary public and in the notary code of ethicsis not is not stipulated on the obligation of notary to carry out the blowing of the online fiduciary but the special acces given by the website of the directorate general of general law administration to the notary in the implementation of electronic fiduciary and electronic registration and deletion so that the notary can be concluded as the executor of fiduciary electronic registration and elimination
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Rahmawan, Rahmawan, and Mochammad Dja’is. "EKSEKUSI JAMINAN FIDUSIA TERHADAP PEMBIAYAAN BERMASALAH DI KOPERASI BAITUL MAAL WA TAMWIL KABUPATEN SEMARANG." NOTARIUS 12, no. 1 (June 10, 2019): 108. http://dx.doi.org/10.14710/nts.v12i1.23771.
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The purpose of executing the object of the fiduciary is to guarantee the repayment of the credit facility granted by banking institutions as creditors. The problem in this study is on the execution of motor vehicles in the Baitul Maal Tanwil in the district of Semarang cause many problems. This thesis uses normative juridical research method and empirical research data support. Based on qualitative analysis known that prevention fiduciary execution problems, can be done by registration of fiduciary security object at the Ministry of Justice and Human Rights through an online application method, but to do an execution must be done on the spot, online application method of the execution of fiduciary can make sure a justice and legal standing for creditors to execution of fiduciary object, and by registering online fiduciary guarantee object, the object is expected to issue execution fiduciary. Keywords: Fiduciary, Execution Fiduciary, Baitul Maal Tamwil. Abstrak Tujuan pelaksanaan eksekusi objek jaminan fidusia adalah untuk menjamin pelunasan terhadap fasilitas kredit yang diberikan oleh lembaga perbankan selaku kreditor. Pelaksanaan eksekusi objek jaminan fidusia pada kendaraan bermotor pada Baitul Maal Tanwil di wilayah Kabupaten Semarang menimbulkan berbagai macam permasalahan. Penulisan tesis ini menggunakan metode penelitian yuridis normatif dan didukung data penelitian empiris. Berdasarkan analisis kualitatif diketahui bahwa pencegahan permasalahan pelaksanaan eksekusi jaminan fidusia, dapat dilakukan dengan melakukan pendaftaran objek jaminan fidusia pada kantor Kementerian Hukum dan Hak Asasi Manusia melalui metode pendaftaran secara online, tetapi pelaksanaan eksekusi jaminan fidusia tetap dilakukan secara langsung di lapangan, pendaftaran objek jaminan fidusia secara online, memberikan suatu kepastian hukum atau legal standing yang jelas bagi kreditor di dalam mengeksekusi objek jaminan fidusia. Kata kunci : Fidusia, Eksekusi Jaminan Fidusia, Baitul Maal Tamwil.
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Sukanti, Arie. "Execution of Fiduciary Guarantee Under Law No. 42 of 1999 on Fiduciary Guarantee (A Socio-Juridical Analysis to Anticipate Its Effectiveness)." Indonesia Law Review 3, no. 3 (September 1, 2014): 204. http://dx.doi.org/10.15742/ilrev.v3n3.38.
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Rizal, Sofian Syaiful, and Insyiah Insyiah. "Pelaksanaan Jaminan Fidusia Pada Pembiayaan Murabahah Di Bank Bni Syariah Kantor Cabang Probolinggo." Al-Intaj : Jurnal Ekonomi dan Perbankan Syariah 7, no. 1 (March 29, 2021): 10. http://dx.doi.org/10.29300/aij.v7i1.3955.
Full textAbstract:
The practice of implementing fiduciary guarantees on murabahah financing at Bank BNI Syariah provides legal certainty for Islamic banks as creditors. Given that many Islamic banks have implemented fiduciary guarantees as additional collateral for murabahah financing, the research method used is descriptive qualitative research. After the research process has been carried out, In practice, the fiduciary security must first be registered at the fiduciary security office, which Bank BNI Syariah represents to a notary. If there is a debtor default at Bank BNI Syariah, it will be resolved by sharia principles, namely by providing guidance and visits to the debtor. If there is still no good intention from the debtor to carry out their obligations then Bank BNI Syariah will execute objects bound by fiduciary by legal process. The conclusion is that the implementation of the fiduciary guarantee policy at the Bank BNI Syariah Probolinggo Branch Office must use a fiduciary binding as long as the murabahah object is a moving object.