Fiduciary Guarantee Research Articles

The Criminal Sanctions In The Object Transfer Crime On Fiduciary Guarantee By Debtor

This study aims to determine and examine the criminal sanctions in the criminal act of transferring the object of fiduciary security by the debtor. This study uses a normative juridical approach, which is descriptive analysis. The data used is secondary data obtained through literature study, which is then analyzed qualitatively. The results of this study are that criminal sanctions in the criminal act of transferring the object of fiduciary security by debtors are regulated in Article 36 of Act No. 42 of 1999. Article 36 of Act No. 42 of 1999 has similarities with Article 372 of the Criminal Code regarding embezzlement. The provisions of Article 36 of Act No. 42 of 1999 contain a penalty of 2 (two) years and a maximum fine of IDR 50,000,000 (fifty million rupiah).

PERJANJIAN DENGAN JAMINAN FIDUSIA BERDASARKAN PERATURAN MENTERI KEUANGAN REPUBLIK INDONESIA NOMOR 130/PMK.010/2012

The provision of fiduciary guarantees in banking transactions generally uses a notarial deed and has been clearly regulated, but how about the implementation of the fiduciary guarantee. Implementation of the Agreement with Fiduciary Guarantee Based on the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/Pmk.010/2012”. The research method used in this research is mainly library research by examining secondary data, sourced from primary, secondary and research legal materials. This is done to obtain the necessary accurate data related to the problem under study. The registration of fiduciary guarantees has been determined by the Fiduciary Guarantee Law Number 42 of 1999, which is also confirmed in the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012.

PELAKSANAAN EKSEKUSI OBJEK JAMINAN FIDUSIA BERDASARKAN PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019 DI PT PEGADAIAN KANTOR WILAYAH II KOTA PEKANBARU

In line with the government's program to encourage lending to small businesses and the weak economic class which is the largest part of the Indonesian people. So it is expected that with credit based on fiduciary system can help both credit recipients and creditors. One of the parameters of a good material debt guarantee is when the right of guarantee can be executed quickly with a simple, efficient process and contains legal certainty. The specific target of this study is to explain the problem solving about the implementation of Fiduciary Guarantee Object Execution Based on the Decision of the Constitutional Court No. 18/PUU-XVII/2019 at PT Pegadaian KantorWilayah II Pekanbaru City.

Transfer of Fiduciary Guarantee Object Under the Hands of the Debtor without the Creditor's Consent in the Consumer Financing Agreement (Study at PT Adira Dinamika Multifinance TBK Banda Aceh)

Article 23 paragraph (2) of Law No. 42 of 1999 concerning Fiduciary Guarantee states that: are prohibited from transferring, pawning, or renting to other parties objects that are objects of Fiduciary Guarantee that are not items of inventory, except in advance written from the fiduciary recipient. In practice, the transfer of the fiduciary guarantee object is carried out by the Debtor without the consent of the Creditor. This happens in the consumer financing agreement of PT Adira Dinamika Multifinance with the Debtors with the object of guarantee in the form of motor vehicles. This study aims to explain the transfer of motor vehicle guarantee objects with fiduciary guarantees without creditor approval. The study will also discuss the form of legal protection for creditors against the transfer of fiduciary collateral objects. The research method used is normative legal research method. The materials used are primary legal materials, secondary legal materials, and tertiary legal materials. The primary data was obtained through interviews and field studies. The secondary data is obtained through the study of documents and literature. The results showed that the transfer of fiduciary guarantee objects in consumer financing agreements resulted in debtors having committed defaults as well as Unlawful Acts. Legal protection of creditor rights can be implemented through the registration mechanism of fiduciary guarantee and the sale of fiduciary guarantee objects through the conduct of auction sales. Legal protection can also be done by loading objects with a fiduciary guarantee deed made with an authentic deed in order to appear the principle of speciality.

AKIBAT HUKUM DEBITOR WANPRESTASI TERHADAP PERJANJIAN HAK PATEN SEBAGAI OBJEK JAMINAN FIDUSIA

Economic actors in the framework of developing a business as owner or patent holder can access credit from financial institutions with patents as objects of fiduciary institution. So that patents are based on the law, but were born because they had to be advance in advance between the fiduciary guarantee institution as the creditor and the inventor as the debtor The problem in this study is why patents can be used as fiduciary collateral objects and how the legal consequences for debtors who commit defaults. This research is a normative legal research. In this study, what is examined is the positive legal provisions regarding patent rights, namely Law Number 13 of 2016 concerning Patents and Law Number 42 of 1999 concerning Fiduciary Guarantees. This type of research used is descriptive with a problem approach that will be conducted normatively juridical. Patents can be used as collateral for debt by using fiduciary security institutions because patents are part of intellectual property rights where patents have economic principles that will provide economic benefits to the patent owner. Patents are classified as immovable property. The legal consequences of debtors who commit default will lead to fiduciary guarantee execution activities. Execution of fiduciary collateral is confiscation and sale of objects which are subject to fiduciary collateral. As a result of the sale of this fiduciary object in the form of a patent, the creditors lose their debts to the debtor, which means the debtor's debt has been paid off, then from the debtor's loss of patent rights he previously had such as.

The Use of Receivables as Collateral in Business Practices in Indonesia

AbstractThis article discusses the enforceability of Article 9 of Law No. 42 of 1999 on Fiduciary Guarantee that allows the use of receivables as debt collateral in business practices in Indonesia. Receivables bound by fiduciary collateral is deemed as a special collateral— in the context of civil law, a special collateral will be prioritized in case the debtor does not voluntarily make when due. In business practices, long-term receivables will be established following an agreement between a debtor and a third party, and the receivables that the debtor is entitled to receive from the third party will be provided as collateral to secure the debtor’s obligations under his loan agreement with the creditor. The issue discussed in this paper is the fact that although theoretically special collateral in the form of receivables should be able to increase the creditor’s assurance of getting repaid, in practice long-term receivables put higher risk on the creditor instead. As comparison, this paper uses the accounts receivables fiduciary in the United Kingdom. The Writing Method used in this paper is the normative juridical approach with a focus on conducting juridical studies regarding the creditors' risk in the use of receivables, specifically long-term debt collateral. This paper shows that receivables that are used as collateral in fiduciary agreements actually put the greatest risk on the creditor; especially if the agreement between the debtor and the third party stipulates that in case the debtor fails to fulfil his obligations, all receivables that he is supposed to receive from the third party will be aborted and become non-existent.

Optimization of the Law against Customer Financing That Performs Default in Leasing Agreements Legal Optimization of Customer Financing That Performs Default in Leasing Agreements in Indonesia

There are several facilities provided by financing institutions, until now leasing has become the most frequently used facility by the community. Leasing is a type of fiduciary guarantee, where in the agreement Customer Financing must pay an installment fee against the fiduciary guarantee object until the object can be said to be paid off. In practice, it is often found that Customer Financing defaults with discontinued installments and does not provide voluntary collateral objects to financing institutions. Thus, the dispute of default must be resolved immediately so that it does not take a long time, this financing institution is assisted by a third party, namely debt collectors. However, the passing of Supreme Court Decision No. 18/PUU-XVII/2019 the procedure of execution of the object of bail must now be taken by court process. In addition to the court process is considered relatively long, the value of the object of guarantee also continues to decrease over time, then in this case the financing institution becomes the aggrieved party. Therefore, research is needed so that there is no inequality of rights. This research is conducted with a juridical-normative approach and doctrinal law, with data collection techniques in document studies and leasing staff interviews, and analyzed qualitatively. To increase effectiveness in the implementation of execution rights and avoid losses that are always borne by financing institutions, it requires firm enforcement and optimization of default dispute resolution carried out by Customer Financing.

Development of Micro, Small, Medium Enterprices Intellectual Property Rights as Fiducia Guarantee Object in Credit Agreement in Banking Institutions in Indonesia

Intellectual Property as a material right can be used as a fiduciary guarantee. This study aims to analyze the factors that influence banking institutions not yet utilizing the MSMES IPR as a fiduciary guarantee in credit agreements at the banking institution and to know the obstacles of the MSMES IPR as an object of fiduciary security and the Development of the Intellectual Property Rights of the MSMES as an object of fiduciary collateral in the credit agreement at the banking institution in Indonesia. The method of approach in this research is sociological juridical. Data collection was carried out with literature and field studies (through observations, questionnaires and interviews) of intellectual property holders and banking institutions. Data analysis was performed using qualitative descriptive analysis. The research found that factors affecting banking institutions not yet utilizing MSMES IPR as a fiduciary guarantee in Indonesia are due to the absence of standardization of assessments or determining the nominal value of IPR, regarding the risk of fluctuations in value of IPR, there is no market (seller and buyer) of IPR and procedures or mechanisms Execution of Execution of IPR guarantees. Development of Intellectual Property Rights of MSMEs as Fiduciary Objects in Credit Agreements in Banking Institutions in Indonesia, several things need to be strengthened in legal substance, Establishment of IP IPR Institutions, Notaries in making deeds, registrations and fiduciary certificates of MSMES IPR through the Ministry of Law and Human Rights, MSMES IPR Execution, Companies / individuals who will buy IPRs and Insurance Institutions as guarantors as well as the legal culture of IPR SMEs.

Strengthening Legal Certainty on the Electronic Registration System of Fiduciary Deed in Indonesia

<p>Fiduciary guarantee constitute a type of guarantee commonly used by the business society to obtain loan from Banks or other financial institutions. Administratively, since the government established an electronic fiduciary registration system, the system has in fact, not been fully supported by appropriate legal grounds. This research aims to explore and analyze regulations regarding the legal status of fiduciary agreements along with its electronic registration system and the role of Notary Public with the aim of providing recommendation to the ideal registration system supported by proper laws and regulations. Methodology of this study is based on normative legal research which carried out several approaches such as statutory approach, comparative approach and conseptual approach. The results of the study essentially emphazied the need for amandement and harmonization of Law No. 45/1999 concerning Fiduciary Guarantee as well as its implementing regulations. Ultimately, the Indonesia fiduciary guarantee and its registration system will always in harmony with the values of legal certainty, justice and usefulness.</p>

PERLINDUNGAN HUKUM KONSUMEN TERHADAP PENARIKAN DAN PENYITAAN OBJEK JAMINAN FIDUCIA YANG TIDAK DIDAFTARKAN KREDITUR

The facts on the ground are that there are often problems due to legal consequences due to the non-registration of fiduciary guarantees by financial institutions. This study aims to determine consumer legal protection measures when fiduciary collateral is not registered at the Fiduciary Registration Office. This study also aims to examine the legal consequences of the withdrawal and confiscation of fiduciary collateral objects that are not registered at the Fiducia Registration Office by PT. Suzuki Finance Indonesia. This study uses a normative juridical method with descriptive-analytical research specifications through a statutory approach. Based on this study, it is concluded that consumer dispute resolution can be pursued through the court or outside the court based on the decision of the disputing parties. One of the legal protections and obligations in using fiduciary guarantees for finance companies was the first issuance of PP No.21 of 2015, Permenkeu No. 130 / PMK.010 / 2012, and POJK 29/2014. The legal consequence of not registering the object of the fiduciary guarantee is that the fiduciary guarantee has not been born so that the legal consequences attached to the fiduciary guarantee do not apply.

Pelaksanaan Jaminan Fidusia Pada Pembiayaan Murabahah Di Bank Bni Syariah Kantor Cabang Probolinggo

The practice of implementing fiduciary guarantees on murabahah financing at Bank BNI Syariah provides legal certainty for Islamic banks as creditors. Given that many Islamic banks have implemented fiduciary guarantees as additional collateral for murabahah financing, the research method used is descriptive qualitative research. After the research process has been carried out, In practice, the fiduciary security must first be registered at the fiduciary security office, which Bank BNI Syariah represents to a notary. If there is a debtor default at Bank BNI Syariah, it will be resolved by sharia principles, namely by providing guidance and visits to the debtor. If there is still no good intention from the debtor to carry out their obligations then Bank BNI Syariah will execute objects bound by fiduciary by legal process. The conclusion is that the implementation of the fiduciary guarantee policy at the Bank BNI Syariah Probolinggo Branch Office must use a fiduciary binding as long as the murabahah object is a moving object.

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

The purpose of this paper is to criticize the Constitutional Court Decision Number 18 / PUU-XVII / 2019, which determines that the phrases "executorial power" and "are the same as court decisions having permanent legal force" in Article 15 paragraph (2) of Law Number 42 of 1999 concerning The Fiduciary Guarantee contradicts the 1945 Constitution. From the norms contained in this article, there is a power of execution that the fiduciary security holder can carry out (creditors), which then causes many problems, both related to the constitutionality of norms and implementation. Thus, the authors question two things, first how is the juridical analysis of the Constitutional Court decision No. 18 / PUU-XVII / 2019 regarding breach of contract in the fiduciary agreement? Second, what is the juridical implication of MK Decision No. fiduciary? The writer's research type is library research, a literature study (library research) with a descriptive qualitative research type. The data collection technique used was documentation techniques, and the approach method used in this study was juridical normative. The results of this study conclude that 1) The Constitutional Court's decision has not provided a sense of justice as in Article 27 paragraph (1) and Article 28D paragraph (1) of the 1945 Constitution, because in this Constitutional Court decision gives more exclusive rights to the debtor because in this case, the creditor does not get legal protection rights in the event of undesirable things (2) This decision has implications for various parties, namely the Court, which now often receives requests for execution and the process will be lengthy, for notaries must add and clarify default clauses in detail. For business people whose creditors (fiduciary recipients) cannot carry out unilateral execution of the object of fiduciary security but must submit a request for performance to the Court. There is a concern that lousy faith will occur from the community's debtor when the creditor is submitting a request for execution to the Court.

EKSEKUSI OBJEK JAMINAN FIDUSIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 18/PUU-XVII/2019

Fiduciary guarantees have existed in society since the Dutch colonial era because the fl exibility of objects that can be imposed by fi duciary increases the need for legal certainty for the guarantee of this model. UUJF requires the registration of fi duciary security to be imposed. Registration is carried out at the Ministry of Law and Human Rights to obtain a fi duciary certifi cate. The fi duciary certifi cate contains irah-irah which the power of execution so that the execution can be carried out immediately without going through a court and is final as explained in article 15 paragraph (2). In practice, this article often becomes a polemic in the community, causing actions against the law and even criminal acts when the fi duciary recipient wants to execute fi duciary collateral. After the decision of the Constitutional Court Number 18/PUU-XVII/2019, in its decision to redefi ne article 15 paragraph (2) and paragraph (3) UUJF, Based on this, this research discusses the executive power of the fi duciary security certifi cate after The Constitutional Court decision Number 18/PUU-XVII/2019. With statutory approach, and a conceptual approach, the conclusion is that the power of execution title in the fi duciary guarantee certifi cate is not changed, it’s just a legal consequence arising from the Constitutional Court decision number 18/PUU-XVII/2019, namely the implementation mechanism for the execution of the fi duciary guarantee certifi cate is carried out the same as the execution of court decisions that have permanent legal force (inkrah), when the grantor of fi duciary does not voluntarily surrender the object of fi duciary security under his control. Apart from that, it must be agreed by the parties regarding breach of contract. breach of contract should be detailed in the main agreement and the imposition of fi duciary security.

Law Enforcement on Fiducian Security Objects Due to Withdrawal of Fiducia Security Objects

The objectives of this study are: Knowing and analyzing Law Enforcement against Fiduciary Guarantee Objects Post-Constitutional Court Decision Number 18 / PUU-XVII / 2019. Knowing and analyzing the obstacles that occur in law enforcement on the object of fiduciary security. In this research, the approach method used is the sociological juridical approach. The research specification used in this research is descriptive analysis. Based on the research, it is concluded that law enforcement on the object of fiduciary guarantee after the Constitutional Court Decision Number 18 / PUU-XVII / 2019 is preventive that has been carried out including: reading of rights and obligations and signing signatures by each party, registration of Fiduciary Security at the Ministry of Law and Human Rights, insuring units and parties, and give warning 3 (three) times before securing Fiduciary Security goods. The repressions that have been carried out include administrative law enforcement, criminal law enforcement and civil law enforcement. Constraints that Occur in Law Enforcement of the Object of the Fiduciary Guarantee and the solution is insufficient evidence, the solution is to look for such evidence; If the collateral object has not been found, the investigator needs to carry out further investigation; The suspect is not present, runs away, does not have a permanent place of residence or his identity is not clear, the solution is to carry out further investigations. Responding to the facts above, it is necessary that the Fiduciary Security Law be more socialized to the public,

Implications of Executorial Strength of Fiducia Security Certificate after Decision Constitutional Court No. 18/PUU-XVII/2019 Concerning Notary Assets

Fiduciary material rights are guaranteed. The collateral objects are tangible, intangible and immovable objects that cannot be guaranteed with mortgages. Fiduciary collateral is widely used by finance companies. Debtor defaults, the leasing party executes fiduciary objects unilaterally, this is considered contrary to the 1945 Constitution. Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 of 1999 concerning Fiduciary Guarantee is subjected to a material test. After Constitutional Court Number 18/PUU-XVII/2019, Execution of fiduciary guarantees after the decision of the, after Constitusional Court, creditors cannot execution guarantee directly because executorial beslag in fiduciary certificate which have power same with court decision has been canceled. According to Constitutional Court’s decision Number 18/PUU-XVII/2019 states that Article 15 paragraph (2) and Article 15 paragraph (3) of Act No 42 Year 1999 is contradictory to the 1945 Constitution. After the Constitutional Court's Decision No. 18/PUU-XVII/2019 states that the execution of guarantees cannot be carried out unilaterally by creditors, but must be through a District Court decision, unless there is an agreement on breach of contract between the debtor and the creditor and the debtor voluntarily submits the object of fiduciary collateral, this matter impact to lack of creditor’s interest to give loan with moveable object remember executory process need long time and many cost because execution object fiduciary guarantee must be district court decision. Notary as formulate’s agreement must be think carefully to response Constitutional Court Number 18/PUU-XVII/2019 with strengthen clause in fiduciary guarantee deed based on credit agreement which has been made the parties so that occur balanced right and obligation between creditor and debtor. Therefore author take theme about Notary’s role to make Notary’s deeds especially fiduciary guarantee’s deed after Constitutional Court Number 18/PUU-XVII/2019 with research’s method use literature research in the form of juridical data. The research is normative juridical and qualitative research type Research methods.

Role of Notary in Registration of Fidusian Warranties to Obtain Fidusian Warranty Certificate

In this modern era and the development of technology that continues to develop significantly encourages many parties to make better use of technology wisely & well, and maximally, this is also utilized by the government. In providing public services including the Directorate General of General Legal Administration (Ditjen AHU) Ministry of Law and Human Rights of the Republic of Indonesia. Launched the Online Fiduciary Guarantee Certificate registration program. Which is where the role of the Notary in this case plays a very important role before the issuance of the online program Creditor or Fiduciary Security Recipient or Proxy to obtain a Fiduciary Guarantee Certificate must register conventionally or manually where the applicant must come to the office of the Directorate General of General Legal Administration (Ditjen AHU) of the Ministry Law and Human Rights of the Republic of Indonesia in their respective provinces, which of course require a lot of time and money. So with the implementation of the Fiduciary Guarantee Certificate registration program online. Of course, you get a lot of benefits both in terms of economics and efficiency, of course, more practical and faster. So with the implementation of the Fiduciary Guarantee Certificate registration program online. Of course, you get a lot of benefits both in terms of economics and efficiency, of course, more practical and faster. So with the implementation of the Fiduciary Guarantee Certificate registration program online. Of course, you get a lot of benefits both in terms of economics and efficiency, of course, more practical and faster. formulation of the problem of how the Notary's Role in Fiduciary Security Certificate Registration to Obtain a Fiduciary Guarantee Certificate, as well as Obstacles and Solutions in Implementing Online Fiduciary Guarantee Certificate Registration at the Directorate General of General Law Administration (Ditjen AHU), Ministry of Law and Human Rights of the Republic of Indonesia With the enactment of Online Fiduciary Registration at the Directorate General of General Legal Administration (Ditjen AHU), Ministry of Law and Human Rights of the Republic of Indonesia is very beneficial for the general public, especially Debtors, Creditors, Notaries and the Government itself as well as financing institutions. Although there are still good obstacles in the nature of the regulatory substance of Act No. 42 of 1999 concerning Fiduciary Security, there is a lack of discipline in law and culture in society. Because if the rule of law, lack of legal discipline, and community culture are not improved, then justice, legal certainty, and benefits will not be felt by the community itself. It is hoped that in the future it will be better and require commitment from the general public, especially those related to the Fiduciary Guarantee.

Hak Cipta Karya Seni Lukis Sebagai Jaminan Fidusia

The use of copyright for painting artworks in the Intellectual Property Law system in Indonesia provides many benefits for painters as copyright owners or copyright holders. A creator or copyright holder has Economic Rights on his work which includes the right to duplicate, display, and lease his work to third parties. Copyright Law No. 28/2014 states that copyright can be used as an object of Fiduciary security. This study aims to determine the characteristics of the copyright of painting works that can be used as fiduciary guarantees to get credit in banking and to analyze the execution of copyright guarantees of painting works if the debtor defaults The method used is normative legal research with a statutory approach and a conceptual approach, and the sources of legal materials used are primary and secondary legal materials with literature collection techniques which are analyzed in descriptive analytical form. Based on the results of the study, it can be concluded that the characteristics of copyright in painting are providing protection for works of art and providing economic rights for the creators or copyright holders and moral rights for the creators. The execution of copyright guarantees can be done by executorial method in accordance with article 29 of the Fiduciary Law.

PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS

Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.

The Settlement Of Problem Loans Through Underhand Sales Of Fiduciary Collateral PT. X Finance

This study is aimed at finding out the reasons for the settlement of problem loans through under-the-hand sales of PT. X Finance, a form of settlement of problem loans through sales under the hands of fiduciary guarantees at PT. X Finance and factors hampering the execution of fiduciary collateral items and efforts to resolve them. This research uses the Empirical Juridical approach method, by researching in the field by interviewing respondents who are primary data and examining library material serving as secondary data (library research).
 The results of this study indicate that PT. X Finance in carrying out the settlement of problem loans prefers selling under the hand because of the selling procedures that are simple and relatively fast and not many deductions are made on the sales proceeds. Form of settlement conducted by PT. X Finance is by way of negotiations giving a warning to the debtor. If the fiduciary provider fails the promise, the PT. X Finance sells underhanded by asking the debtor to sell their own collateral, then the results will be submitted to PT. X Finance to pay off the credit. If the debtor does not provide good faith and has even been given several opportunities to sell the collateral object himself, then what is done by PT. X, namely resolved through the court.
 Keywords: Non-performing Loans, Under-Hand Sales, Fiduciary Guarantees

Dampak Jaminan Fidusia Kredit Kendaraan Bermotor yang Tidak Didaftarkan terhadap Penerimaan Negara Bukan Pajak

Motor vehicles ownership through finance companies can be realized after going through a series of procedures before a notary and fiduciary registration office. However, this series of procedures are not done by finance companies in providing motor vehicle financing to consumers. Increasing consumer financing to the public for motor vehicles ownership should also increase the number of non-tax state revenues from fiduciary guarantees. The study purpose is to know the legal consequences for fiduciary recipients who did not register their fiduciary guarantees and to know the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The formulation of the problem in the research question is how the legal consequences for fiduciary recipients who do not register their fiduciary guarantees and how the impact of unregistered fiduciary guarantees on non-tax state revenue (PNBP). The research method used is descriptive qualitative normative legal research using secondary data. The study results found that fiduciary finance companies/ recipients did not register their fiduciary guarantee, so they committed illegal acts by utilizing third parties to execute motorized vehicles that were not actually burdened with fiduciary guarantees. The executor’s right to fiduciary recipient is legally flawed because he does not hold a fiduciary guarantee certificate as a result of not registering a motorized vehicle as a fiduciary guarantee. The impact on state finances because they were not registering motor vehicles as fiduciary guarantees at the fiduciary registration office resulting in non-tax revenue (PNBP) being not optimal for the state.