Penerapan Asas Jaminan Fidusia dan Perjanjian pada Pendaftaran Jaminan Fidusia dalam Pembiayaan Konsumen (Studi Putusan Pengadilan Tinggi Bandung Nomor: 102/pdt/2015/pt.bdg)

Eva Andari Ramadhina • Ambar Budhisulistyawati
Journal article Privat Law • June 2017


This article aims to determine whether there is the application of the principles of fiduciary and principles of the treaty in the registration of fiduciary by financial institutions as well as to determine the suitability and incompatibility rules fiduciary in the decision under review, Bandung High Court No. 102/PDT /2015/PT.BDG. This article is a prescriptive normative legal research, with law and case approach. Results of research and study shows that there is no application of fiduciary principles on the implementation of consumer financing agreement, but already apply the principles of the agreement. Consumer agreement that is not accompanied by any additional agreements resulted in the imposition of bail using general collateral, so it does not apply to him the rights of collateral material. Consequently, for the third party is not respected the rights of creditors holders fiduciary. When there is a transition object fiduciary, creditors holder can't be protected by the principle of droit de suite. In other words, the holder of fiduciary creditors as unsecured creditors domiciled not preferred creditor. At the Bandung High Court Decision No. 102/PDT/2015/PT.BDG, there are no registration requirements fiduciary implementation, so that the rights of debtors and creditors are not protected.




Privat Law

Privat Law is an annual law review published by Sebelas Maret University in Indonesia. It publish... see more