IMPLEMENTASI PERJANJIAN FIDUSIA DALAM PERJANJIAN KREDIT MOBIL DAN AKIBAT HUKUM TIDAK DIDAFTARKAN FIDUSIA (Studi Pada PT BPR Dana Prima Mandiri)

Abstrak

When the parties select a fiduciary as a guarantee of its debts then the parties shall be subject to law number 42 year 1999 about fiduciary, in article 11 paragraph 1, the object of a fiduciary must be registered, but In fact there are still many financial institutions or breeding institutes that do not run as a very fiduciary law. The problems and objectives in this study are to know to implement a fiduciary in providing a fiduciary on the PT Bank Perkreditan Rakyat (BPR) and how the legal consequences do not The list of fiduciary guarantees as it should be, the theory used is the theory of Agreement and the registration theory of fiduciary. The research method used is the method of normative law with the type of Legislation uses qualitative data analysis techniques and data collection tools in the form of literature and field studies to obtain the Skunder data. Based on the results of the research that in providing credit with fiduciary PT BPR Dana Prima Mandiri has several procedures that must be filled with debtor and in making a credit agreement as the principal agreement against fiduciary PT BPR Dana Prima Mandiri used the standard agreement which from the analysis was obtained that the credit agreement is valid and has the strength of binding the parties that made it. The legal consequences of not the list of fiduciary that the creditor will lose its motherhood which is about its right to in the first, subsequent consequences of the two creditors will lose the power of its execution, so if the injury occurs Pledge of creditor cannot directly execute the direct execution but must be through a civil lawsuit in a state court or follow as contained in the content of the agreement under the hand that the parties approve.