MENGUJI ASAS DROIT DE SUITE DALAM JAMINAN FIDUSIA

Abstract

The principle of droit de suite is one of the most important principles in the law of guarantee,
especially in fiduciary security. The principle implies that the rights of the creditor as the
recipient of the fiduciary objects continue to follow the object of guarantee, wherever the
object is, to guarantee the repayment of the debts of the debitor. The rights which are owned
by the creditor as the recipient of fiduciary security in the principle seem to be absolute, but
in fact if it is related to de practice, the principle of droit de suite has certain limitations.
The limitations of this principle is whon it is faced with higher interest, the individual rights
owned by the recipient of fiduciary must succumb, as in the case of illegal logging, which
once was decided to test the Forestry Law by the Constitutional Court (Case Decision
Number 012/PUU-III/2005). Although the State can perform fiduciary deprivation of the
object which is used for committing illegal logging, but from the aspect of material criminal
law, it cannot be done immediately to destroy the object of guarantee, since object of the
fiduciary collateral, is not considered a dangerous thing. Whereas, from the legal aspects of
criminal procedure, if the case has been decided, then there is a duty of the State to return
the object of fiduciary to those who own it.
From the aspect of civil law, the creditor as recipient of fiduciary who feel harmed as a
result of illegal logging practices may have standing to sue for damages under Article 1365
of Burgerljik Wetboek. The provision is used, because the act of illegal logging is an act
against the law and there are losses caused to the recipient of fiduciary.