TINJAUAN YURIDIS SOSIOLOGIS PERMASALAHAN HUKUM PENDAFTARAN BENDA TIDAK BERGERAK SEBAGAI OBJEK JAMINAN FIDUSIA (Studi pada Kantor Pendaftaran Fidusia di Surabaya)

Indiarti, Lea (2008) TINJAUAN YURIDIS SOSIOLOGIS PERMASALAHAN HUKUM PENDAFTARAN BENDA TIDAK BERGERAK SEBAGAI OBJEK JAMINAN FIDUSIA (Studi pada Kantor Pendaftaran Fidusia di Surabaya). Other thesis, University of Muhammadiyah Malang.

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Abstract

Fiduciary Collateral came from the society needs about credit with ranged and un-ranged things, but still needs the thing to use in everyday’s life, so there needed a Fiduciary Collateral Institution. To fulfill the needs in development economic traffic and also to guarantee the law assurance, so there stated Law No.42 / 1999 about Fiduciary Collateral. In Fiduciary Collateral Law, the position of fiduciary institution became steady. Though, fiduciary collateral institution still has weakness, where the object of fiduciary collateral still in the owner’s hand, if debtor has bad intention, lack of debt which was given by the creditor wouldn’t be guaranteed to be paid. In section 1 number (2), Fiduciary Collateral was a Collateral rights for un-ranged thing, whether it was real or imaginary and un-ranged thing, especially building which couldn’t be loaded by burden rights in the authority of fiduciary giver. So, according to the law, fiduciary collateral outside the ranged thing also valid for un-assurance things through burden rights. The statements of problems were : how the process of un-ranged things registration as the object of fiduciary collateral in Fiduciary Registration Office, what law problems inside the un-ranged things registration as fiduciary collateral object and how to solve the problems. Method used was socio-juridical, the discussion based on the stated law rule, related with law theory, also seen the reality happened in society. Data used was primary data through interview and documentation, also secondary data through library study. The research aimed to find out about the process of un-ranged things registration as fiduciary object in Fiduciary Registration Office also find out about how to solve the problem. The result showed that registration line of fiduciary collateral in Fiduciary Registration Office generally : the requester came to the cashier, corrector, numbering, recording, certification, transferring the certificate of Fiduciary Collateral Certificate to the requester. Fiduciary Collateral Requester with un-ranged object and ranged object at Fiduciary Registration Office from Registration process, cost for Fiduciary assurance, the change of Fiduciary Collateral Certificate, or the replacement of broken Fiduciary Collateral Certificate of couldn’t be differ from its object, ranged or un-ranged things. For registration cost of fiduciary collateral, it fitted with the collateral value, it wouldn’t considered from the object, whether it ranged or un-ranged things. The research showed that the ranged thing which listed as fiduciary collateral object in Fiduciary Collateral Office at Surabaya larger than un-ranged things listed. Ranged things mostly listed as fiduciary collateral object at Fiduciary Registration Office was vehicle like cars. Un-ranged things which listed mostly as fiduciary collateral object was building above the ground of Surabaya Government management rights. Law problems of un-ranged things as fiduciary object was bad intention from fiduciary giver where the object wasn’t given intentionally even through physical against the fiduciary giver by blocking the execution. Law problems of un-ranged things as fiduciary collateral object showed by no certification to the building as evidence of owner rights and the taking of land using permission from Regional Government of Surabaya. If there were inhibitions in execution and problems in Police office, Fiduciary registration office was called often by the Police Office to be recorded the explanation. Fiduciary Office became mediator in mediation process between fiduciary giver and fiduciary receiver by giving explanation to each parties. According the problems of building rights, by the Letter of Directorate General Administration of Law and Human Rights Indonesia No. C.HT.01.10-22 about registration standardization procedure and bank could do law effort through civil action to state court to debtor based on wanprestasi or through arbitrage if fiduciary giver didn’t have good intention to pay the debt. The result showed that according the application of Fiduciary Law, there should be fulfilled the condition of Fiduciary collateral certificate by notary with object registration at Fiduciary Registration Office. The registration aimed to give law certainty to each parties in fiduciary collateral. Though so, it didn’t guarantee that there wouldn’t be problems in law application. Law certainty located on law substance, subject, law subject, and facility for law application.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anggit Aldila
Date Deposited: 09 May 2012 06:14
Last Modified: 09 May 2012 06:14
URI: http://eprints.umm.ac.id/id/eprint/4875

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