KEDUDUKAN HUKUM KREDITUR DALAM UPAYA PELAKSANAAN EKSEKUSI FIDUSIA TERHADAP DEBITUR YANG MELAKUKAN WANPRESTASI
| Main Authors: | , Erinawita, SH, , Prof. Dr. Nindyo Pramono, 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/126453/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=66676 |
Daftar Isi:
- This research is intended to give a description that the legal status of the creditor law in facing a default (wanprestatie) matter obtains a protective law that the rights of the creditor is guaranteed and can describe the legal status of the creditor law clearly in the effort of the fiducia execution towards the debtor defaulting ( wanprestatie). This protection will be accepted by the creditor of a fiducia receiver after the fiducia warrant registration in the Fiducia Registration Office. Now it can be done by on-line. This research constitutes a normative juridical research in which in this thesis writing the author uses a library researh and a field research related to a fiducia and verifies the decision of South Jakarta District Court to find whether the legal status of the creditor law in facing a default (wanprestatie) matter obtains a legal protection that the creditor�s rights are guaranteed. The method used in the research is a qualitative method that data received derive from library and field studies such as an interview with a resource person of the related matters which is then given an alternative settlement prior to drawing a conclusion. The creditor in such a position in the execution is not obliged to register an application for the decision on the fidusia warranty execution in South Jakarta District Court since it is based on Act number 42 of 1999 about fiducia warranty of article 15 stating the quality of absolute fiducia warranty execution relevant to the court verdict. Article 15 paragraph 2 (two) states that �certificate of fiducia warranty as referred to in paragraph 1 (one) has an executorial power relevant to the court verdict with unchanged legal power.� Article 15 paragraph 3 (three) states that �in case a debtor breaks a promise, the receiver of fiducia has the rights to sell the object submitted as the fiducia warranty on his own power�. In case a creditor finds that the object is lost or decreases in size, the way to have his rights is only through fiducia warranty agreement. In principle, a debtor has obligation and resposibility of the state of every damaged, lost, destroyed and either burnt or plundered object. Pacta sun servanda states that agreement made by the parties agreeing shall be the law for both, still valid for and shall be a main right in the agreement law apart from the coercing state (overmuch) as natural disaster.