TANGGUNG JAWAB DEBITUR TERHADAP PENGALIHAN JAMINAN FIDUSIA KEPADA PIHAK KETIGA DALAM PERJANJIAN KREDIT MODAL USAHA(Studi Kasus Perjanjian Kredit Debitur Atas Nama Anis Romlah di PT. Bank Perkreditan Rakyat Mandiri Adiyatra, Bedali, Kecamatan Lawang, Kabupaten Malang)

EFFENDY, TAUFIQ (2010) TANGGUNG JAWAB DEBITUR TERHADAP PENGALIHAN JAMINAN FIDUSIA KEPADA PIHAK KETIGA DALAM PERJANJIAN KREDIT MODAL USAHA(Studi Kasus Perjanjian Kredit Debitur Atas Nama Anis Romlah di PT. Bank Perkreditan Rakyat Mandiri Adiyatra, Bedali, Kecamatan Lawang, Kabupaten Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

Banking debt was an important economic sector in supporting national development. It related with effective fund facility needed for development from financial institution, especially bank which has function as institution collecting fund from society in savings and distribute it to society in order to rise people wealth rate (Section 1 number 2 Rule No. 10 / 1998 about Banking). One of Bank efforts was distributing debt to society. The effort owed certain risks. Debt giving close with risk where debtor did agreement violation. One of the agreement violation happened was collateral transfer which often happened in bank and the transfer was transfer to fiducia collateral. This action caused stuck debt since debtor has no more responsibility to pay debtor installment since debt caused by collateral guaranteed to bank has been sold so the debtor has no obligation to pay their debt in bank. The research has statement of problems: (1) how is the debtor responsibility to fiducia collateral transfer to third party in doing business capital debt in BPR Mandiri Adiyatra? (2) What efforts done by BPR Mandiri Adiyatra in overcome the fiducia collateral to third party which was done by debtor in business capital debt? Research type was juridical sociologist, where the discussion according law existed and related with law theories, also compared with the practice in field. While data kind used in this research were primary and secondary. In analyzing the data, the writer used descriptive method which was analyzed in qualitative, which is an analysis method using facts about problem researched and analyzing it according to the law related with existing problems. The research result about fiducia collateral transfer done by debtor, there could be concluded that debtor responsibility was fulfilling their agreement or still pay all their debt in bank by selling fiducia collateral togetherly with bank, debtor, and third party according to the deal. From the fiducia collateral selling, there needed to pay all the debtor obligation and cost from the ‘under-hand’ selling, then if there was residue of fund, it would be returned into debtor and/or third party. While bank effort was doing negotiation with debtor and third party to sold fiducia collateral since the bank has no executorial power to fiducia collateral un-registered to fiducia register office. According to problem existed from fiducia collateral transfer to the third party caused stuck debt, there would be find if debtor (bank) did registration to the fiducia collateral so that it would have executorial strength to fiducia collateral. Keywords: Fiducia collateral transfer, debtor, bank

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anwar Jasin
Date Deposited: 07 Mar 2012 12:39
Last Modified: 07 Mar 2012 12:39
URI: http://eprints.umm.ac.id/id/eprint/348

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