Implementasi jaminan fidusia kaitannya dengan perjanjian kredit kendaraan bermotor pada lembaga pembiayaan non bank

LAWRENCE, Hanie Timothy, Prof. Dr. Nindyo Pramono, S.H., M.S

2008 | Tesis | S2 Magister Hukum

The research of the Implementation of Fiduciary Rights in Relation to Motor Vehicles’ Credit Agreements in Non-Banking Financial Institutions aim to identify the structure and form of the Fiduciary Rights as an agreement of motor vehicle credit in non-banking financial institutions, to identify problems that arise in practices related with motor vehicle credit in relation with the Fiduciary Rights – both according to practice and to the Law Number 42 Year 1999 on Fiduciary Rights describing the Fiduciary Rights, in relation with the motor vehicle credit system carried out by non-banking financial institutions. This research will elaborate and describe in detail (DE) the ‘Fiduciary Rights System and Contractual Law’ that it is presented as a work of empirical normative, starting from the research of secondary data in the form of literary texts, related articles in the media, and from existing laws and regulations. Furthermore, areas included in the field of research include: the Government (DEPHUK & HAM/Fiduciary Rights Registeration Center), Non-Banking Institutions (creditor), society (debitor), and law enforcers (advocates, notaries, the police). As the result of this research, it shows that: First, in everyday practice, there are two ways to do the Motor Vehicles’ Credit Agreements in Non-Banking Financial Institutions which are Notarial Agreement (Fiduciary Rights) and Personal Agreement. Second, problems that arise in practices related with motor vehicle credit in relation with the Fiduciary Rights which are the weakness of the parties to act, the weakness of the movable goods which has become the secure goods and the execution of secure goods. While in the Law on Fiduciary Rights is how to register in the Fiduciary Rights Registeration Center. Third, the things that make the law becomes effective are the law itself, the integrity of the officer that related to the law, the adequate facilities and the societies as the objects. All of these can make the Law on Fiduciary Rights becomes useful and effective in the society.

Kata Kunci : Jaminan fidusia,Perjanjian kredit kendaraan bermotor,Lembaga pembiayaan non bank, Fiduciary Rights