Mengatur Hukum Jaminan Fidusia : Dengan Undang -Undang dan Penerapan Sistem Pendaftaran  

Oleh:

Darus, Mariam

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 9 (1999), page 62-65.
Topik: JAMINAN; jaminan fudisia; undang - undang; sistem pendaftaran

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: JJ102.1 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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All this time, fiduciary guarantee has created problems. The common people, for example has no idea about the position of a fiduciary guarantee, whether or not it binds as a guarantee. In banking practice where fiduciary guarantees, are used a lot, there is no protection for creditors. There are many delinquent credits among others because of the difficulty in or impossibility of fiduciary guarantee execution as the consequence of the variety of problems that fiduciary guarantee carries. However, the recent monetary crisis is a blessing in disguise. It brings the realization of claims for legal reform. In relation to fiduciary guarantee, a bill of fiduciary guarantee and registration thereof has been prepared. It plainly provides the characteristics of fiduciary guarantee and by the existence of the provision on registration, the fiduciary guarantee obtains the character as a "right of goods" and no longer as an agreement. As right of goods, the fiduciary guarantee carries the principles among others "the guarantee right follows the goods", has a "major position" in relation to the other creditors, and the collateral does not include in bankrupt assets if the debtor is adjudicated bankrupt. This law also expressly stipulates that fiduciary guarantee is a guarantee of goods which can be known by the people. They who want to know the position of a movable asset, shall be entitled to seek and obtain information from fiduciary registration office.

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