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 possibility
roya trigger reset if the object is returned as collateral and this will lead to legal
consequences 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 on
Fiduciary 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 fiduciary
form a second creditors lose the right preferent and the imposition of criminal
penalties 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.
Keywords : Roya Fidusia-Object Guarantee-Fidusia Repeat