Abstract
Fiduciary guarantee is one of the specific material guarantees that develops in practice. Since the promulgation of the provisions of Law No. 42 of 1999 concerning Fiduciary Guarantees, officially the fiduciary obtains certainty regarding the mastery of moving objects in the hands of the debtor. One certainty regulated by Law No. 42 of 1999 concerning Fiduciary Assurance is a matter of execution where creditors can choose the execution model that is considered to be the most beneficial for both parties. One of the rights of the creditor if he considers the debtor to be in breach of promise is to make a direct withdrawal to the debtor of the object of guarantee and if necessary requesting the assistance of the security apparatus is a breakthrough and convenience provided by the provisions of Article 30 of Law No. 42 of 1999 concerning Fiduciary Guarantees. This direct withdrawal will certainly be a problem if the object of collateral is used for productive purposes which results in the debtor not being able to run his business because he has lost the object of guarantee in a fiduciary agreement. This study aims to identify, understand and analyze the ratio legis of fiduciary guarantee execution as stipulated in article 30 of Law No. 42 of 1999 concerning justice-based Fiduciary Guarantees and the form of regulation of protection of the rights of debtors with productive credit towards the execution of fiduciary guarantees according to the provisions of article 30 of Law No. 42 of 1999 Of Justice-based Fiduciary Guarantees. This study is normative research by carrying out several approaches, namely the legislative approach, case approach, historical approach, and comparative approach. The results of this review reveal that the beginning of the purpose of the Act No. 42 of 1999 concerning Fiduciary Guarantees is in the context of fulfilling capital through an object as a guarantee object, but in its development credit is also intended for satisfying needs or non-productive, so that the treatment between productive credit and productive credit is necessary where productive loans should be provided (stay ) or the opportunity to be able to pay off the debt, even though the distribution limit has ended or in other words the creditor does not directly use his right to execute the object of fiduciary collateral directly as stipulated in article 30 of Law No. 42 of 1999 concerning Fiduciary Guarantees without providing the opportunity for productive debtors to repay their debts. Keywords : Fiduciary, Productive Credit, Execution. DOI : 10.7176/JLPG/83-09 Publication date :March 31 st 2019
Highlights
The guarantee law has a close relationship with the field of banking law
Guarantee Law is a set of provisions that regulate or relate to collateral in the context of accounts payable contained in various laws and regulations that currently apply.[1]
Because the Fiduciary Guarantee Law does not mention the existence of a waiting period especially with regard to productive credit, to protect debtors so that creditors do not automatically execute according to Article 30 of the Fiduciary Guarantee Act and provide an opportunity for debtors to seek funds to fulfill their achievements, duration the waiting period under the bankruptcy law before the revision of the Fiduciary Guarantee Act is 90 days and does not exceed 270 days in delaying the payment of the debt
Summary
The guarantee law has a close relationship with the field of banking law. This link lies in the function of the bank itself as a collector and distributor of funds from the community, one of which is credit. Article 30 The Fiduciary Guarantee Act provides an ease of execution of objects of fiduciary collateral if the debtor is considered default refers to the agreement that has been jointly agreed so that this article provides space for creditors to execute or take over the collateral object without having to undergo general procedures the court suit is due to the ease of execution
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