Model Of Agreement Executing Fiduciary Collateral Objects With Underhand Selling

Turatmiyah, Sri and Annalisa Y., Annalisa Y. and Handayani, Sri (2023) Model Of Agreement Executing Fiduciary Collateral Objects With Underhand Selling. SIMBUR CAHAYA, XXX (1). pp. 1-13. ISSN 14110-0614

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Abstract

Fiduciary Collateral gives priority to fiduciary recipient creditors. If thedebtor defaults, then, complying with the provisions of Article 29paragraph 1, sub-paragraph c, Law Number 42/1999 concerningFiduciary Collateral, creditor may directly executes fiduciary objects with underhand selling based on the agreement of the parties. This selling is implemented after the debtor is declared default in 1 (one) month after the written statement of the creditor to the debtor announcedin at least 2 (two) newspapers in the relevant area. Execution of objects with underhand selling based on an agreement between the creditor and the debtor has not been clearly regulated in this law. Therefore, themodel of agreement must be included at time on which the fiduciary agreement is made. Based on this background, it is necessary to conduct research with objective to obtain a agreement model of debtor andcreditor in underhand selling of fiduciary collateral object if the debtor defaults. This study is normative research prioritizing secondary legal materials analyzed descriptively qualitatively. Creditor receivingFiduciary Collateral is preferred and prioritized creditor because thecreditor has rights to sell fiduciary objects with personal power. It is regulated in Article 15 paragraph (3) of Law Number 42/1999suggesting that that creditor has power to sell fiduciary collateral object on his/her own personal power.

Item Type:	Article
Uncontrolled Keywords:	Execution, Fiduciary Guarantee, Underhand Sales.
Subjects:	K Law > K Law (General) > K600-615 Private law
Divisions:	02-Faculty of Law > 74201-Law (S1)
Depositing User:	Sri Turatmiyah
Date Deposited:	01 Dec 2023 11:06
Last Modified:	01 Dec 2023 11:06
URI:	http://repository.unsri.ac.id/id/eprint/129976

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