TINJAUAN YURIDIS TERHADAP EKSEKUSI OBJEK JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN BERDASARKAN PERJANJIAN PEMBIAYAAN

Qanita, Shamara (2024) TINJAUAN YURIDIS TERHADAP EKSEKUSI OBJEK JAMINAN FIDUSIA YANG TIDAK DIDAFTARKAN BERDASARKAN PERJANJIAN PEMBIAYAAN. Undergraduate thesis, UPN Veteran Jawa Timur.

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Abstract

In writing this thesis, the author's goal is to obtain justice for the aggrieved party through the application of normative juridical research methods. The normative juridical method, according to Peter Mahmud Marzuki, is an approach in legal science that focuses on analysis and research of formal laws such as laws, as well as theoretical literature. This approach is then used to examine the problems discussed by connecting with applicable legal norms, so as to provide a strong foundation in decision making. From the results of this study, it can be concluded that the execution carried out by creditors unilaterally is a violation of law in an agreement. The creditor has the responsibility of registering the object of fiduciary guarantee with the Fiduciary Registration Office (KPF) in order to have the authority to execute, which should be stipulated in the previously agreed financing agreement. With the latest developments, debtors' rights can be more easily protected thanks to Constitutional Court Decision Number 18/PUU-XVII/2019. In case of breach of agreement, creditors can face legal consequences such as a lawsuit through litigation by the fiduciary party. As a fiduciary, he has the right to file a civil lawsuit with the court to regain the rights that have been deprived by the finance company and get reimbursement for the costs that have been incurred. Keywords : Execution, registration of fiduciary guarantee objects, financing agreement

Item Type:

Thesis (Undergraduate)

Contributors: