PENYELESAIAN SENGKETA OBJEK JAMINAN FIDUSIA DALAM HAL DEBITUR WANPRESTASI PADA PT. BPR KRISNA YUNA DANA DI GIANYAR

  • Gede Yudhi Sutrisna
  • Dewa Gde Rudy
  • A. A. Gede Agung Dharma Kusuma

Abstract

Banks in providing credit to make the binding fiduciary with fiduciary deed notarized and then registered by the fiduciary registration . However, because the registration does not expressly include a deadline until when the fiduciary deed registered , then sometimes in practice, many creditors are no longer register the warranty deed fidusianya tersebut.Oleh fieldwork was conducted at PT . RB Krishna Yuna Fund to learn about solving problems if the debtor with a fiduciary breach . The issues discussed in this paper , namely : whether the creditor can execute the fiduciary holder object warranty by parate execution when the debtor defaults , and how the process execution objects fiduciary if the debtor defaults on PT . RB Krishna Yuna Fund . The method used in this paper is by using the method of empirical legal research where research is done because there is a gap between the law ( das solen ) and the reality on the ground (das Dein) . Results Of Research Done Fiduciary Based Execution Objects In This Parate Execution Debtor Defaults On PT . RB Krishna Yuna is the Creditor Fund fiduciary holder can execute security objects by parate execution when the debtor defaults . This is because the debtor fiduciary holder serves as a secure creditor has the right to take precedence over debt repayment . At PT . RB Krishna Yuna Fund , binding fiduciary implemented using notarized deed made before a notary , where this deed also have binding legal force as court decisions . At PT . RB Krishna Yuna Fund , in the event of default settlement is not done with parate execution . However, if there is problems then settled through kinship . By doing sales directly by the debtor objects fiduciary , or assisted by the bank .

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How to Cite
YUDHI SUTRISNA, Gede; RUDY, Dewa Gde; DHARMA KUSUMA, A. A. Gede Agung. PENYELESAIAN SENGKETA OBJEK JAMINAN FIDUSIA DALAM HAL DEBITUR WANPRESTASI PADA PT. BPR KRISNA YUNA DANA DI GIANYAR. Kertha Semaya : Journal Ilmu Hukum, [S.l.], nov. 2013. ISSN 2303-0569. Available at: <https://ojs.unud.ac.id/index.php/kerthasemaya/article/view/7053>. Date accessed: 26 sep. 2021.
Section
Articles

Keywords

Fiduciary transfer of ownership,Parate Execution, Defaults

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