PENYELESAIAN PEMBIAYAAN BERMASALAH MELALUI PARATE EKSEKUSI OBJEK JAMINAN FIDUSIA PADA PT. PEGADAIAN (PERSERO) CABANG MEDAN UTAMA
ABSTRACT: Fiduciary agreement
is defined as a contract whereby a person, as a debtor (fiduciary assignor party) agrees
with another person,
the creditor (the
fiduciary assignee party)
which is mostly
a credit institution or
similar regulated entity,
on the transfer
of ownership of
moveable assets constituting
a fiduciary estate to the aforementioned fiduciary subject to
obligations determined by the parties. This is why this agreement also called
as the fiduciary transfer of ownership. This kind of agreement represent a less
costly and more efficient choice, as the creditor did not have to keep and
taking care of the assets, while the debtor still maintains the possession and
able to make use of the encumbered assets. In other words, only the legal right
of ownership of the assets are temporarily transferred to the hand of a
creditor as security /
guarantee for the
debtor obligations, until
the debt is
repaid. For these
reason, such agreement are
considered to be a useful alternatives in arrangement of a credit facilities
for both credit institution, in this case PT. Pegadaian (Persero) Cabang Medan
Utama and their customer.
This research is meant to see how the direct execution on a fiduciary
guarantee as a settlement of a non-performing loan
on a fiduciary
agreement at PT.
Pegadaian (Persero) Cabang
Medan Utama through a juridical
approach using a methods that focused on the legal rules related the problems,
with the qualitative data
analysis to the
laws with theorical
concepts, opinions of
experts, and other legislations relating to this study,
and then to be compared with the field data.
Execution by using
an executorial title
must be carried
out by a
civil lawsuit filed
to the courthouse, which is then
will be titled by the court of justice to proceed the execution, according to
the courthouse’ verdict. Fiduciary
transfer of ownership,
prior to the
Law No. 42
of 1999 concerning Fiduciary Transfer
entitled the creditor
the right to
directly executed the
guaranteed assets and
then allowing the creditor
to sell the
goods to satisfy
his debt, followed
by returning what
remains from the proceeds of the sale to the debtor.
Penulis: Maurits M. R.
Sitohang
Kode Jurnal: jphukumdd130647
