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

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 .