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description Journal article public Jurnal Mahasiswa Fakultas Hukum Universitas Brawijaya

Model Alternatif Penyelesaian Sengketa Jaminan Fidusia Yang Objek Jaminan Dijual Oleh Debitur Berdasarkan Prinsip Keadilan Pada Bank Perkreditan Rakyat ( Study Kasus Di Bpr Di Malang )

Bhatara Surya
Diterbitkan 2017

Abstrak

This journal article discusses issues in compliance with Articles 21-23 Fiduciary Law, that the debtor does not have the right and authority to transfer or sell the object fiduciary (Car / Motorcycles) to a third party, but in reality at BPR Anugerah Dau Malang there are still cases of sale of fiduciary objects (Car / motorcycles) which have been pledged as security, sold by the Debtor to third parties without Proof of Ownership of Motor Vehicles (BPKB). The purpose of this study was to determine the dominant factors underlying debtor sells security object to a third party, to analyze the legal effect any of the sold object fiduciary assurance to third parties, to identify loopholes that must be taken or a model of alternative dispute resolution of bad loans with collateral fiduciary guarantee object sold by the debtor based on the principle of justice. The method used in this research is using Empirical Juridical, with sociological juridical approach. Based on the results of research conducted, that the factors that contributed to the problem of bad loans and sale of the fiduciary objects by the Debtor to a third party without Proof of Ownership of Motor Vehicles (BPKB) is economic necessity factors. There exists fraud element by a third party who runs the Debtor's business, credit abuse, Debtor's character, and funds used for other necessities. The legal consequences could be the injured party may demand for the realization of promises or other consequences in the agreement (for damages). Choosing alternative resolution settlement of bad debts dispute & the collateral object is sold by the Debtor under the counter with the negotiation method track.

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