AKIBAT HUKUM TERHADAP AKTA JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN PADA BANK PERKREDITAN RAKYAT (BPR) TUAH NEGERI MANDIRI PEKANBARU
ABSTRACT: Guarantee is required
by financial institutions (both banks and non-bank) in order to loan / credit
to the individual or business entity to guarantee the repayment of credit both
for short term and long term if the debtor defaults. One of the security
agency, known in the legal system in Indonesia is the guarantee of fiduciary
institution.. In this fiduciary agreement notaril deed needed to be registered
with the Registry Office will issue a certificate of fiduciary fiduciary.
However, in practice in the field are still manycertificates notaril fiduciary
agreement that is not registered, so Bank Indonesia as supervisor of banks and
financial institutions in Indonesia should give ultimatum to banks and
financial institutions that do not register the deed of fiduciary to theregistration
office fiduciary. Based on the research results of the legal consequences of fiduciary
warranty deed is not registered with the Rural Banks (BPR) State Tuah Mandiri Pekanbaru
is legal uncertainty, the absence of registration of fiduciary obligations that
caused fiduciary does not meet the elements of publicity, so it is difficult to
control. This can lead to things that are not healthy in practice, such as the
existence of a fiduciary twice without the knowledge of its creditors, the
transfer of the goods without the knowledge of the creditors, and others.
Advice, the need for increased surveillance and sanctions from the Bank
Indonesia to banks and financial institutions, especially in thefield of
fiduciary deed registration so that the implementation of the rules that have
been set in accordance with what was expected later.
Penulis: Alfian Harris
Kode Jurnal: jphukumdd160457
