PELAKSANAAN PERJANJIAN PEMBEBANAN JAMINAN FIDUSIA(Studi di PT.Bank Rakyat Indonesia Unit sumbersari Kota Malang)

HARDIKA WIBAWA, GINANJAR (2009) PELAKSANAAN PERJANJIAN PEMBEBANAN JAMINAN FIDUSIA(Studi di PT.Bank Rakyat Indonesia Unit sumbersari Kota Malang). Other thesis, University of Muhammadiyah Malang.

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Abstract

Banking is a source of funds, especially in the form of credit, both for individuals and business entities in order to meet the consumption or increase production. Credit may be granted by the bank to anyone who has the ability. The loans provided in the form of these loans have a high risk that is not credit return in time to bad credit problems that can harm the bank. To avoid bad credit, the bank provides provisions to provide either security or movable fixtures . Giving guarantees to ensure repayment of loans by the debtor at exactly the appointed time. This research took the formulation of the problem: 1. How the implementation of the agreement and the imposition of fiduciary insurance enrollment in the BRI Sumbersari?, 2. How execution fiduciary insurance in case of bad credit? This research uses a sociological juridical methods, the data collection was by interviewing with employees and director of PT. Bank Rakyat Indonesia Unit Sumbersari and documentation done. The data anlysis is using descriptive qualitative method. From the results of research and analysis, PT Bank Rakyat Indonesia in implementing the agreement and the imposition of fiduciary warranty registration is done with a deed under hand and the legalization and security objects are not registered at the Registry Office fiduciary who causes a complex legal consequences. This is not in accordance with the provisions of Act No. 42 of 1999 concerning fiduciary, where the implementation of the agreement guarantees the imposition of fiduciary must be in the form of an authentic deed and registered at the Registry Office fiduciary guarantee. Earlier in the implementation of the imposition of fiduciary assurance PT Bank Rakyat Indonesia has also made a power of attorney to sell it as a form of collateral in case of anticipated bad debts, so the birth right of parate execution if there is credit crunch. In conclusion the implementation of the agreement and the imposition of fiduciary insurance enrollment in PT Bank Rakyat Indonesia is not in accordance with the provisions of Act No. 42 of 1999 concerning Guarantee fiduciary. Suggestions to the revision of Law No. 42 of 1999 concerning the implementation of fiduciary or regulations to limit the amount of credit that can be secured by collateral fiduciary and limit how much credit score, in the implementation of the agreement shall be made in Notaries deed and registered at the registry office with fiduciary. For example only loans with a value above 50 million dollars are required to be registered with fiduciary Registration Office.

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Anwar Jasin
Date Deposited: 20 Mar 2012 13:44
Last Modified: 20 Mar 2012 13:44
URI: http://eprints.umm.ac.id/id/eprint/661

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