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PENYELESAIAN SENGKETA TERHADAP PENGALIHAN HAK ATAS BARANG YANG MENJADI OBJEK JAMINAN FIDUSIA (Studi di PT. BFI Finance Indonesia Tbk. Malang)

Mathafani, Heni (2004) PENYELESAIAN SENGKETA TERHADAP PENGALIHAN HAK ATAS BARANG YANG MENJADI OBJEK JAMINAN FIDUSIA (Studi di PT. BFI Finance Indonesia Tbk. Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

Fiducia guarantee is the flexible substantive guarantee from other substantive guarantee. It’s can be understood, because the material that is guaranteed by debitur still can be dominated and used by debitur. As we know in the fiducia guarantee, just substantive rights only can be changed, but the material still in debitur’s power. Therefore, in the frame work of giving certainty of law for creditur and carrying out of rights and obligations for each sides. So the goverment has to make the law principles through the law No. 42 Year 1999 abaut fiducia guarantee. In this time, the writer wants to express abaut one of the problem that often accurred in implementation of fiducia guarantee. For example, the transfer of the raigths by debitur without permission from creditur previously. This case was taken at PT. BFI Finance Indonesia Tbk. Malang as one of Consument Funding League. The writer wants to examine set of this problem deeply to get discription abaut how to solve the conflict to be done by sides for fiducia guarantee object. The important thing is how to apply the law of fiducia guarantee in under the aegis of law for creditur in the conflict solving process to transfer of rights for goods on fiducia guarantee object by debitur. The dates were gotten by some of the ways, namely interview, documentation, literature study, and than the writer processed the dates by kualitatif descriptif methode, the meaning is to do discussion for the set of the problem in this report through the dates ware gotten in the field or literature. The research produced the yield that it’s accured the transfer of rights for fiducia guarantee object which has been done by debitur caused by some factors : (1) economic condition, (2) there are many debiturs who didn’t understand abaut the content or features of agreement. The solving conflict is able to be done by two ways, namely (1) negosiation, is to discuss in getting agreement , (2) The Court. The result of this research shows that the problem accured in implementation for fiducia guarantee caused by deviation of law No. 42 Year 1999 abaut fiducia guarantee.it’s provent by existence of tranfering of rights that carried out of debitur without permission from creditur. Nevertheless it has been regulated in law by firm attitude abaut prohibitions and punishment for law breaker. Thus the result of the research shows that violations for fiducia guarantee law still often accured in business world. It’s influenced by unresponsible attitude. Finally, the writer suggestes that implicated sides in agreement of this Consumen Founding League to be able to do of the rights and obligations and responsible well.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law (74201)
Depositing User: Fitriana Kasiani
Date Deposited: 10 Dec 2015 03:12
Last Modified: 10 Dec 2015 03:12
URI : http://eprints.umm.ac.id/id/eprint/19830

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