PENYELESAIAN JAMINAN FIDUSIA ATAS KENDARAAN BERMOTOR YANG TIDAK DIDAFTARKAN DI PT BANK PERKREDITAN RAKYAT KLATEN SEJAHTERA
| Main Authors: | , FARIHAH YUSRIANA, , Mustafa, SH, MS, |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2013
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/118845/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=58821 |
Daftar Isi:
- Since long time ago, people already have known about collateral imposition with fiduciary method. Banks have also provided fiduciary collateral facility for decades. People and bank have had partnership on fiduciary collateral matter that gave a mutual benefits. One of the most popular form of fiduciary is fiduciary of motor cycle. Along with dynamic development of society in economic aspect, fastness and easiness is often considered as important that sometime ignored other aspects. One example is unregistered fiduciary collateral of motor cycle. Whereas, Law of fiduciary collateral article 11 paragraph (1) expressly states on the registration obligation. Therefore, author is interesting to study the reasons of unregistered fiduciary collateral of motorcycle and its solution when there is bad debt. The research method used in this study is juridical empirical method that focus on sources related to implementation of fiduciary collateral imposition intended in Law No 42 of 1999 on Fiduciary collateral. This research was completed with literary study and field research. Field research was done to collect primary data, while literary study to collect secondary data. The result indicated that unregistered fiduciary collateral of motorcycle in PT Bank Perkreditan Rakyat Klaten Sejahtera is caused by the energy and cost efficiency factor. In addition, BPR Klaten Sejahtera did not feel secure with registration of fiduciary collateral because in fact fiduciary collateral certificate cannot secure fiduciary collateral receiver to get their right. Having fiduciary collateral certificate cannot automatically execute fiduciary collateral because they have to wait acceptance of their application of fiduciary collateral resolution execution from the Local Court. However, in certain situation, BPR Klaten Sejahtera will register Fiduciary collateral in Fiduciary registration office when the execution will be done. Unofficial sale is execution method most often done by BPR Klaten. Although fiduciary collateral deed has been made before notary, resolution of fiduciary collateral is done with credit agreement and power of attorney to draw collateral that previously have been made in unofficial manner.