Abstract
<em>In lending and borrowing activities, there are legal products used by the community in the form of guaranteeing goods to obtain financing. This is where fiduciary security is present to meet legal needs in guaranteeing lending and borrowing activities. This study aims to (1) review and analyze the implementation of Fiduciary registration obligations by finance companies based on Law Number 42 year 1999 concerning Fiduciary Guarantees (hereinafter referred to as UUJF), (2) review and analyze law enforcement in finance companies that do not register guarantees and formulate the ideal legal concept of justice-based fiduciary registration obligations. This study used research on normative law which includes legal principles, legal systematics, legal synchronization, and legal history. The findings in this study are first, the implementation of Fiduciary registration obligations by finance companies, are not obeyed or ignored by finance companies, because UUJF does not regulate legal sanctions. Second, law enforcement in finance companies that do not register guarantees is not optimal, synchronization and disharmony occur in the UUJF with the Regulation of the Minister of Finance Number 130/PMK.010/2012, the provisions of UUJF have no forced efforts in terms of law enforcement of the obligations of finance companies to register fiduciary guarantees. Third, the ideal legal concept is the obligation to register fiduciary collateral based on justice through institutional reconstruction, structure and legal culture.</em>
Highlights
Fiduciary is a term that has long been known in Indonesian
Fiduciary guarantees with the principle of “Constitutum Possesorium”, are currently suspected to be still based on jurisprudential practices and have not guaranteed legal certainty
Research Results and Discussion 4.1 Obligation of Fiduciary Registration by a Financing Company Based on Law Number 42 of 1999 concerning Fiduciary Guarantees Guarantees as legal institutions give birth to legal principles regulated in civil law which have an important position in economic law
Summary
Fiduciary is a term that has long been known in Indonesian. The law regulating this matter, namely Law No 42 year 1999, uses the term “Fiduciary”. Because in the old Dutch legal system, it was in Indonesia, it is used to guarantee movable goods is only known as pawn (Pand). There is a need in practice to guarantee movable property, but without physical delivery of goods. The legal engineering is carried out through its global form called the “Constitutum Possesorium” (submission of ownership of objects without giving up physical objects at all). 3) Engagement in the framework of fiduciary giving is an agreement that is in the nature of an assessment, that is an agreement that follows the birth agreement (the main agreement is in the form of debt receivables). 4) Fiduciary engagement is classified into an agreement with the conditions canceled, because if the debt is repaid, the fiduciary guarantee rights will be deleted. As is well known that the basis of fiduciary guarantees is an agreement, precisely a fiduciary agreement, while this fiduciary engagement has the following characteristics: 1) Between the fiduciary giver and the fiduciary recipient there is an engagement relationship, which issues the right for the creditor to request the delivery of collateral from the debtor in a constitutum possession. 2) The engagement is an agreement to give something, because the debtor hands over an item by the Constitutum Possesorium to the creditor. 3) Engagement in the framework of fiduciary giving is an agreement that is in the nature of an assessment, that is an agreement that follows the birth agreement (the main agreement is in the form of debt receivables). 4) Fiduciary engagement is classified into an agreement with the conditions canceled, because if the debt is repaid, the fiduciary guarantee rights will be deleted. 5) Fiduciary engagement is classified into an agreement originating from an agreement, namely a fiduciary agreement. 6) The fiduciary agreement is an agreement that is not mentioned in the Civil Code, this agreement is classified as an unnamed agreement (Onbenoemde Overeenkomst). 7) the fiduciary agreement is still subject to the provisions of the general section of the engagement contained in the Civil Code (Note 1)
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