Eksekusi Terhadap Benda Jaminan Fidusia Yang Tidak Didaftarkan

Abstract

Fiduciary insurance is widely used by financial institutions, fiduciary regulated in Law Number 42 Year 1999 regarding Fiduciary. Article 11 (1) of the Act Fiduciary stating that the object burdened with the fiduciary must be registered.In practice  in Pekanbaru was also a fiduciary guarantee object that is not registered in Fiduciary Registration Office, it is contrary to Article 11 (1) of the Act Fiduciary. Issues that will be examined in this study are: First, What is the legal effect of the fiduciary object that is not registered to the Registration office Fidu Secondly, How the execution of fiduciary objects that are not registered with the registration office Fiduciary This type of research used socio-juridical namely the workings of law in society. Descriptive nature of this study. This research was conducted Finance in Sudirman Street No. 414 Pekanbaru. The source data of this research is first, primary data that the debtor and the Second, secondary data related law, literature, books, encyclopedias and dictionaries. Population and sample is the debtor and  Data collection techniques are the First, interviews with the debtor and the Capella Multidana. Secondly, the questionnaire with the debtor  Third, the literature contained in books and literature. The results obtained in this study is first, not the registration of the legal consequences of fiduciary objects made is not able to do the execution, Second, execution of object fiduciary conducted Finance can not give legal certainty to the parties. All of that, because  never register the object so that the object fiduciary fiduciary should not be done. Based on the research results, there are two basic problems that can be inferred. First, the result of an agreement with fiduciary law that are not registered are not able to do the execution. Second, the execution of fiduciary objects that are not registered can not give legal certainty to the parties. Suggestions writer, first, that the object must be registered to fiduciary Fiduciary Registration Office by the finance company, so the lack of legal certainty among the parties. Second, that there must be enforcement of the executions carried out by the finance company to the object of fiduciary collateral object is not registered with the Registry Office fiduciary.  Keyword : Execution - Collateral - Objects - Fiduciary