Aspek Hukum Eksekusi Jaminan Fidusia  

Oleh:

Sibarani, Bachtiar

Jenis: Article from Journal - ilmiah nasional - tidak terakreditasi DIKTI
Dalam koleksi: Jurnal Hukum Bisnis vol. 11 (2000), page 20-23.
Topik: JAMINAN FIDUSIA; hukum eksekusi; jaminan fidusia
Fulltext: JJ102.1 11 00 20-23.pdf (975.68KB)

Ketersediaan

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

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A new era has started with law number 4, year 1996 on the security rights on land (UUHT) in the field of law on security rigths with the insertion of a new method of executing the mortgage law through a sale based on a private agreement. This means that due to this private agreement, the owner of the secured goods has to give his approval and signanture, whereas the determination of the price must also be approved by the owner of the secured goods. However, a sale of fiduciary object through a private agreement, as regulated in law number 42 year 1000 on fiduciary rights, contains several relatively harsh conditions to be executed, as it, among others, requres an agreement between the person giving and the person accepting the fiduciary rigths. It is examined that this condition will be concentrated on the issue of pricing and costs favoring both parties. Taking the burden of this condition into view, the chances wil be great that this method of selling by means of a private contract will be unpopular. Even if this method is chosen, it is estimated that such will be restricted to large - scale loans. It may be possible that the method, which so far has taken place, will be more favorably to the parties, compared to the new methods of fiduciary law. With the old method, the debtor or the owner of the security, with the approval of the debtor, will redeem or settle the burdened (the value of agrement) goods, the money for redemption originates from a candidate buyer. Hereafter, or simultaneously, the owner will execute a purchase and sale with the buyer under a private contract (signed by the owner of the goods).

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