ANALISIS YURIDIS TERHADAP PERJANJIAN PEMBIAYAAN KONSUMEN YANG TIDAK DIDAFTARKAN JAMINAN FIDUSIA
Abstract
Currently, many financial institutions (finance) and banks (commercial
banks and credit) provide consumer financing (consumer finance), leasing
(leasing), factoring (factoring). However, the facts on the ground show that there
are often fiduciary recipients who do not register their Fiduciary Guarantee Deed
with the Fiduciary Registration Office. Fiduciary guarantees that are not made
with fiduciary guarantee certificates have complex and risky legal consequences.
As a result of the Fiduciary Guarantee which is not made a fiduciary certificate or
in authentic form before a Notary, the object of the Fiduciary Guarantee does not
have the right of direct execution.
This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. Data collection techniques used in the
Normative Legal Research are library research methods which uses the library as
a means of collecting data, by studying books as reference material related to the
problems to be studied.
The conclusion that can be obtained from the results of the study is that
the legal consequences for institutions that do not have a notary deed and are not
charged with fiduciary guarantees, the object of the fiduciary guarantee does not
have the right of direct execution. Based on Law Number 42 of 1999, the legal
consequence of not registering a fiduciary guarantee is that a fiduciary guarantee
has not yet been born. So that the entire legal consequences attached to the
fiduciary guarantee do not apply. Juridical analysis of consumer financing
agreements that are not registered with fiduciary guarantees lead to complex and
risky legal consequences, including fears of alleged non-tax state revenue
evasion, lack of realization of the principle of publicity and no guarantee of legal
certainty so that they do not have legal executive rights Fiduciary executions that
are not registered can lead to conflict and allow one of the parties to file a lawsuit
in court.
Keywords: Financing Agreement, Unregistered, Fiduciary Guarantee
banks and credit) provide consumer financing (consumer finance), leasing
(leasing), factoring (factoring). However, the facts on the ground show that there
are often fiduciary recipients who do not register their Fiduciary Guarantee Deed
with the Fiduciary Registration Office. Fiduciary guarantees that are not made
with fiduciary guarantee certificates have complex and risky legal consequences.
As a result of the Fiduciary Guarantee which is not made a fiduciary certificate or
in authentic form before a Notary, the object of the Fiduciary Guarantee does not
have the right of direct execution.
This type of research can be classified in normative legal research, namely
legal research conducted by researching library materials. This study examines
the subject matter in accordance with the scope and identification of the problem
through a statute approach carried out by examining the laws and regulations
that relate to the legal issue under study. Data collection techniques used in the
Normative Legal Research are library research methods which uses the library as
a means of collecting data, by studying books as reference material related to the
problems to be studied.
The conclusion that can be obtained from the results of the study is that
the legal consequences for institutions that do not have a notary deed and are not
charged with fiduciary guarantees, the object of the fiduciary guarantee does not
have the right of direct execution. Based on Law Number 42 of 1999, the legal
consequence of not registering a fiduciary guarantee is that a fiduciary guarantee
has not yet been born. So that the entire legal consequences attached to the
fiduciary guarantee do not apply. Juridical analysis of consumer financing
agreements that are not registered with fiduciary guarantees lead to complex and
risky legal consequences, including fears of alleged non-tax state revenue
evasion, lack of realization of the principle of publicity and no guarantee of legal
certainty so that they do not have legal executive rights Fiduciary executions that
are not registered can lead to conflict and allow one of the parties to file a lawsuit
in court.
Keywords: Financing Agreement, Unregistered, Fiduciary Guarantee
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