PERLINDUNGAN HUKUM TERHADAP KREDITUR (PEGADAIAN) SEBAGAI PEMEGANG JAMINAN FIDUSIA DALAM HAL DEBITUR WANPRESTASI PADA PEGADAIAN CABANG MARISO MAKASSAR
| Main Authors: | Putra, Asgar, Haryati, Dwi |
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| Format: | Thesis NonPeerReviewed |
| Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2011
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| Subjects: | |
| Online Access: |
https://repository.ugm.ac.id/97204/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53856 |
Daftar Isi:
- This study intended to find out how the implementation of the Credit Agreement with a Fiduciary Warranty Pawnshop Branch Office in Makassar Mariso and legal protection against Pawnshop Mariso Makassar Branch Office in the case of debtor default on motor vehicle credit agreement with a fiduciary. This research method is empirical legal research is to identify and conceptualize law as a social institution that real funsional. Empirical legal research is a qualitative research tend to be on the implementation of the Fiduciary Warranty Pawnshop Makassar Branch Office Mariso whether sesusuai with legal principles and rules applicable law. The data used are primary data ie data that is directly from the field interviews, secondary data was the form of literary study and tertiary data is secondary data penujang material. The analysis used is a qualitative analysis of the grouping and selection of data obtained from field research by the quality or state of the real then compared with the theory obtained from the literature study in order to obtain the answer. In a study on implementing the agreement Fiduciary Warranty Pawnshop Branch Mariso implemented / created by the Deed of Loan Agreement made under the hand while the Deed of Guarantee Fidusianya be notarized. Pawnshop Mariso Branch Makassar in terms of default by the debtor which refers to the fiduciary provisions of the Civil Code and UUJFidusia. Debtor, if in default then the party invoking Pawnshop or provide a letter of warning, after which it will be the withdrawal / seizure and sale of the collateral if the family attempts were fruitless. Then on the foreclosure auction conducted at the office of Public Auction or sale under the hands of whichever is more beneficial to both parties. Fiduciary deed is registered certified fiduciary who gives protection (right preference) to the recipient if the donor fiduciary fiduciary fails to meet its obligations. Pawnshop Perum in its policies, not all fiduciary deed is registered depending on the size of the loan value. Fiduciary deed is not registered can not be executed directly. Process execution must be carried out by state court determination, if the debtor defaults caused a concurrent creditor status in which the creditor does not have the right to take precedence.