PELAKSANAAN PENGIKATAN AKTA JAMINAN FIDUSIA DI BAWAH TANGAN YANG DI-WAARMERKING PADA PT. BPR CHANDRA MUKTI ARTHA KABUPATEN BANTUL
Main Authors: | , Nindyawati Trias Putri, , Ninik Darmini, S.H, M.Hum |
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Format: | Thesis NonPeerReviewed |
Terbitan: |
[Yogyakarta] : Universitas Gadjah Mada
, 2012
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Subjects: | |
Online Access: |
https://repository.ugm.ac.id/97736/ http://etd.ugm.ac.id/index.php?mod=penelitian_detail&sub=PenelitianDetail&act=view&typ=html&buku_id=53804 |
Daftar Isi:
- The purpose of this study to determine the implementation of the binding of Fiduciary Warranty in the credit agreement on the PT. BPR Chandra Mukti Artha in Bantul district and to determine the legal effect of making a power of attorney fiduciary deed under fiducia hand that are waarmerking by the notary. This study uses empirical research methods juridical meaning of this study further emphasize field research to obtain primary data in addition to the research literature that point to obtain secondary data. Data were analyzed and interpreted using qualitative methods aimed at classifying and selecting the data obtained from field research by the quality and the truth, then connected with theories derived from literary studies to obtain answers to the problems posed. The results showed that the implementation of binding fiduciary in a credit agreement on the PT. BPR Chandra Mukti Artha in Bantul district, in fact is still not in accordance with applicable provisions under Law Number 42 Year 1999 on Fiduciary Warranty, because its implementation is still nothing was done with the transfer of property rights in a trust / fiduciary without registration to the Registrar of Fiduciary , it is seen in the clauses of the bank transfer of property rights in the trust / fiduciary for these vehicles is not stated in the agreement itself but only set forth in the credit agreement and the power to sell that are waarmerking a power of attorney with the right of substitution in order to attract / secure the vehicle as collateral, so that the legal effect of making a power of attorney fiduciary deed under fiducia hand that are waarmerking by the notary is in the end when a customer (debitor) defaults will be a risk or a dependent of BPR itself, because the bank does not have a preferred position of the object warranted, therefore the bank did deliberation to reach consensus, for example by way of sale under the hands of an agreement made in accordance with the bank and the customer (debitor) of the object becomes the object of collateral to solve the problem.