Tinjauan Yuridis Sosiologis Terhadap Pelaksanaan Perjanjian Kredit Dengan Jaminan Fidusia Tanpa Pendaftaran Oleh Kreditur (Studi Di KSP ArthaTani Mandiri Banyuwangi)

Lukman Hakim, Achmad (2007) Tinjauan Yuridis Sosiologis Terhadap Pelaksanaan Perjanjian Kredit Dengan Jaminan Fidusia Tanpa Pendaftaran Oleh Kreditur (Studi Di KSP ArthaTani Mandiri Banyuwangi). Other thesis, University of Muhammadiyah Malang.

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Abstract

Loan is ready of invoice or money pursuant to approval/permission or agreement of pinjam-meminjam between co-operation with lender party obliging lender party to pay the debt of was over a period of time accompanied with payment a number of rewards. But execution of credit which isn't it by KSP is not matter which without risk of sehinga needed by guarantee institute, guarantee are one of the effort so that/ to be passed to loan is debitor isn't it return as according to duration which have been promised, so that in the execution of agreement of credit of Self-Supporting KSP Artha Farmer add guarantee of fidusia to channeling of his credit, but to guarantee of fidusia this at one's feet of clauses of obliged publicity and record-keeping, order of fidusia at one's feet of Law Number 42 Year 1999 About Guarantee of Fidusia. But in practice Self-Supporting KSP Artha Farmer still not yet executed order and obligation which there are in Code/Law. This final Formula writing internal issue is why execution of agreement of credit with guarantee of fidusia by Self-Supporting KSP Artha Farmer do not be registered? Later;Then, how conducted by solution effort is Self-Supporting KSP Artha Farmer to debitor conducting wanprestasi?. Method which used in writing of final duty is research of field (legal Social of Research ) by using method approach of sosiologis yuridis with primary data source and of sekunder, is later;then analysed descriptively qualitative, Intention of writing of this final duty is to know the reason of from Self-Supporting KSP Artha Farmer do not execute rule of registration of guarantee of fidusia in the agreement of credit of and how conducted by solution effort is self-supporting KSP Artha Farmer to debitor conducting wanprestasi. Result of this research is there are some factors becoming the reason of Self-Supporting KSP Artha Farmer do not execute rule of registration of guarantee of fidusia in the agreement of credit of is 1) Each;Every object object encumbered by guarantee of fidusia do not be registered so that guarantee act of fidusia made in notary do not be needed 2) If object of fidusia registered the by him of will of no use because do not all debitors of wanprestasi 3) Expense of costly registration relative and many done/conducted by illegal charges is Registry of Fidusia 4) Dimiciling Registry of Fidusia residing in country town mother relative far so that will fag out and costly expense for transportation 5) Process publication of sertipikat usually cannot direct become, this also will add the expense of transportation go/come home – go 5) good Sanction inexistence in the form of penalty and crime in Law if do not do/conduct obligation of registration 6) If debitor of wanprestasi still can be finished with deliberation, mean just debitor according to is what become willingness of creditor 7) In course of the executing of can be finished with just sale underhand under colour of letter of attorney sell which have signed before liquefaction of credit. Later;Then done/conducted by effort is creditor if debitor do/conduct wanprestasi is 1) In practice him the solving of to credit have problem by co-operation conducted by dua alternatip that is negotiation and direct execute guarantee object to close over debitor debt 2) In isn't it as credit stuck if debitor have do not conduct credit instalment during three months successively hence self-supporting KSP Artha Farmer will release exhortation letter to immediately come to co-operation is as a mean to done/conducted by negotiation, negotiation taken is in the form of certainty when debitor can pay the debt of to co-operation 3) If within one debitor week do not come hence will be released by first memoranda, after duration one week of releasing of first memoranda of debitor do not also show good faith hence released by second memoranda until one week later;then in giving third memoranda, and if still there no respon hence party/ side of KSP self-supporting Artha Farmer will direct visit residency of debitor and direct execute to mortgage under colour of letter of award and power sell if debitor of wanprestasi which have signed by time debitor requested credit to Co-Operation 4) Mortgage will direct sold by party/ side of KSP underhand to close over credit plafond value delayed payment by debitor. Conclusion of there are some factors influencing do not be registered by guarantee him of fidusia by Self-Supporting KSP Artha Farmer to Office Marker of Fidusia was among others caused by less obedient KSP to order punish and inappropriate of him execution of record-keeping of fidusia according to field and regulation. And also mount SDM society which also become one of the factor do not be registered by him of jamina fidusia. Suggestion the importance of performed a by change to law items of fidusia, later;then socialization to Law of fidusia so that each party have a line on rights and obligations him

Item Type: Thesis (Other)
Subjects: K Law > K Law (General)
Divisions: Faculty of Law > Department of Law
Depositing User: Zainul Afandi
Date Deposited: 20 Jun 2012 05:49
Last Modified: 20 Jun 2012 05:49
URI: http://eprints.umm.ac.id/id/eprint/8736

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