Legal Protection for Creditors for the Transfer of Fiduciary Objects to Third Parties Without the Consent of the Creditor

Abstract

This study aims to describe and analyze the Legal Analysis of legal protection that can be given to creditors when the object of fiduciary collateral is transferred to a third party without the consent of the creditor and to describe and analyze the obstacles that arise in the context of legal protection for creditors when the object of fiduciary collateral is transferred to a third party without the consent of the creditor. This study uses the method applied in this writing is carried out with normative legal research, namely by analyzing the problem through the approach of legal principles and referring to the legal norms contained in the laws and regulations. The results of this study, the Legal Analysis of legal protection can be given to creditors when the object of fiduciary collateral is transferred to a third party without the consent of the creditor, legal protection for creditors in the fiduciary agreement is very important to maintain the rights to the collateral object. In the Fiduciary Guarantee Law (UUJF), Article 24 stipulates that creditors are entitled to protection if the fiduciary object is transferred without consent. The debtor's action of transferring the fiduciary object without permission is considered a breach of contract and can cause losses to the creditor. In addition, the Consumer Protection Law (UUPK) also provides protection rights for creditors against irresponsible debtor actions. Legal steps that can be taken include cancellation of the transfer, claims for compensation, and legal action to protect the creditor's rights, while obstacles that arise in the context of legal protection for creditors when the fiduciary object is transferred to a third party without the creditor's consent are challenges in enforcing creditor rights, loss of access to the collateral object, misuse by the debtor, issues of proof in disputes, protection of third parties, inadequate or unclear regulations