IMPLIKASI JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN KE KANTOR PENDAFTARAN FIDUSIA. (Studi kasus di PT. BPR. Arthaprima Danajasa Bekasi)

  • Sangga Sinambela Universitas Mpu Tantular
Keywords: Fiduciary Guarantee,Non Registered,The Consequences

Abstract

Bank Perkreditan Rakyat (BPR) useful to distributes credit for low economic group society/small enterpreneurs. Based on the principle of collateral of 5’C, the debtor shall provide guarantee at least as much as the amount of taken guarantee credit. The execution of fidusiary transfer of ownership guarantee that is not registered to fidusiary transfer of ownership registration office at BPR Arthaprima Danajasa Bekasi Co.Ltd., (BPR) was researched to found the implementation of fidusiary transfer of ownership guarantee in the BPR credit agreement, the juridical advantages of an authorization letter to sell required to be registered by the notary, and the implication of execution resolution to the fidusiary transferof  ownership guarantee, which is not registered to fidusiary trannfer of  ownership registration office. The observation use the applied law approach to examine the implementation of legal regulation related to fidusiary transfer of ownership of guarantee and banking system with their application by the parties. It also used collected primary data and secondary data wich were  analized normative-qualitatively. The implementation of fidusiary transfer of ownership guarantee at BPR Arthaprima Danajasa Bekasi Co.Ltd., is not composed in a separate agreement, however, it is only written in the credit agreement, and the registered authority to sell by notary in form of an authorization with a substitusion right in order to with draw/secure, wihts means, the fidusiary transfer of ownership guarantee is not registered to fidusiary transfer of ownership guarantee act article 11 and explanation af article 37 verse (3). The authorization to sell which shall registered by a notary for fidusiary transfer of ownership guarantee object binding is plecement the creditor as thecongruent creditor and its execution shall under an agreement between the BPR and its customers

Published
2020-03-20