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description Journal article public Lex Jurnalica

Aspek Hukum Pendaftaran Jaminan Fidusia Berdasarkan Undang-undang Nomor 42 Tahun 1999 Tentang Jaminan Fidusia

Nur Hayati
Published 2016

Abstract

Fiduciary is a transfer of ownership of an object on the basis of trust with the provision that the object of the transferred ownership rights remain in the control of the owner of the object. Writing this article highlights the problem of whether the fiduciary can provide legal protection for creditors by and how Effects No registration of Fiduciary? The research method using descriptive type and shape of the normative juridical approach based on Law No. 42 of 1999 on Fiduciary using primary and secondary data. No registration of fiduciary, then according to Law No. 42 of 1999, that the fiduciary has not been born, so that all legal consequences attached to the fiduciary does not come into force. Fiduciary agreements made in notarial but not be registered at the registration office Fiduciary does not have the power of execution. This is a drawback for lenders since it has no specific guarantee, however, the creditor can still be protected by law under the general collateral, as explained in section 1131 KUUHPerdata states that All material si owed either movable or immovable, either already exist or are the new will be there in the future, be dependent on any individual Engagement

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