Fiduciary Guarantee Problematics With Objects Inventory In Credit Agreement

Lathifah Hanim, MS. Noorman

Abstract


The Fiduciary Guarantee Institution has been recognized by the existence of Law Number 42 Year 1999 regarding Fiduciary Guarantee, Fiduciary Guaranty is collateral right or guarantee on tangible object of tangible or intangible, or that can not be burdened by dependent rights accordingto Law Number 4 Year 1996 of the Deposit Rights owned bythe Fiduciary Receiver registered with the Fiduciary Registry office, ie as collateral for certain debt repayments and those having the right to take precedence over other creditors. Fiduciary is the transfer of ownership of a thing that can be fused according to the belief that the mastery is still done by the owner of the object. The formulation of the problem is what is the problem of fiduciarysecuritywith theobjectofinventoryoncreditagreement?Thisresearch,with normative juridical approach, doctrinal and non-doctrinal research, with qualitative approach. This study also based on the concept of legal positivis which suggests that the legal norms are identical with the norms written and made and enacted by the state authorities. The types and sources of data include primary and secondary data, with primary, secondary and tertiary legal materials. The result of the research shows that the registration of fiduciary with the guarantee of the inventory object, which is registered is the bonding value of the guarantee and not the goods or the item, so that if the debtor is defaulted then the bank or creditor may request the fulfillment of the guarantee object of the bond guarantee value. While banking efforts in solving problem loans that is done by restructuring done if the debtor still have good faith, the business prospect is still running well and have the ability to pay back in credit borrowed. If the restructuring or rescue credit can not be done, then the settlement is through legal channels, that is done by way of aus and auction eksekutorial, with an alternative settlement that is with the sale of collateral goods under the hands.

Keywords: Fiduciary Guarantee, Inventory Items, Credit Agreement.

 

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