TINJAUAN YURIDIS TERHADAP FIDUSIA ULANG OBJEK TANPA ROYA FIDUSIA BERDASARKAN UNDANG – UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA
ABSTRACT: Fiduciary as one
form of security institutions are regulated in Law Number 42 Year 1999 on
Fiduciary expected to meet the legal requirement that can be further spur
national development and to ensure legal certainty and be able to provide legal
protection for interested parties. However, legal certainty which is the goal
of this legislation is still far from expectations. Roya fiduciary arrangements
regarding questionable to be implemented by all recipients of fiduciary need to
be accommodated immediately. Objects fiduciary guarantee that no fiduciary
possibilityroya trigger reset if the object is returned as collateral and this
will lead to legalconsequences for fiduciary giver. This type of research can
be classified into types of normative legal research is research literature,
which focused on the discussion of the principles of law. This research led to
the assessment of the legislation is Law Number 42 Year 1999 onFiduciary and
other legislation relating to fiduciary. The conclusion that can be derived
from the research is the First, the legislation regarding the fiduciary not
provide legal certainty associated with Roya fiduciary obligations as yet
firmly in the regulation so that the fiduciary still possible re-occur. Secondly,
Effects of fiduciary acts on objects that have not been re roya fiduciaryform a
second creditors lose the right preferent and the imposition of criminalpenalties
to providers fiduciary fiduciary should be charged to the recipient.Suggestions
authors of the problems studied is the First, is expected to immediately
confirm the arrangements regarding fiduciary roya in the legislation concerning
fiduciary for the creation of legal certainty roya fiduciary. The second are expected
to providers fiduciary fiduciary to ensure recipients have done roya fiduciary
fiduciary to the object in order to escape legal consequences in the form of criminal
punishment.
Penulis: Opia Rendra
Kode Jurnal: jphukumdd151191
