KEDUDUKAN HUKUM PEMBERI FIDUSIA MENURUT UNDANG- UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

NOVIYANTI, RIZKI and Zuhir, Mada Apriandi (2022) KEDUDUKAN HUKUM PEMBERI FIDUSIA MENURUT UNDANG- UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA. Master thesis, Sriwijaya University.

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Abstract

The making of deed of fiduciary guarantee has been regulated in the Fiduciary Guarantee Act ( UUJF) as stated ub Article 5 of UUJF that the imposition must be made a notarial deed. It is also stated in Article 6 Letter 1 that the making of the deed includes the main agreement data. This means that the making of the deed is based on the main agreement data like a credit agreement which is a unilateral/standard agreement made by the fiduciary receiver so that the deed of fiduciary guarantee by a notary creates an imbalance in the position of the fiduciary giver. This is reinforced by no bargining position or negotiation in making the deed of fiduciary guarantee. The fiduciary giver is forced to sign a deed of fiduciary guarantee by notary. This study aims to analyze the practice of making a deed of fiduciary guarantee by a notary as re as referred to in Act Number 42 of 1999 concerning fiduciary guarantee, to analyze the position of a fiduciary giver in the practice of making a deed of fiduciary guarantee by a notary, and to evaluate arrangements that provide a sense of justice for fiduciary givers in practice of making a deed of fiduciary guarantee by a notary. This is normative legal for fiduciary research using secondary data. Legislative, conceptual and case approaches were used. The results of this study confirmed that the practice of making a deed of fiduciary guarantee by notary as referred to in Act Number 42 of 1999 concerning fiduciary guarantee did not reflect justice for the fiduciary giver. The Fiduciary Guarantee Act regulates the fiduciary guarantee agreement which is based on the principle of agreement in the Civil Code, especially Article 1338 of the Civil Code related to the principle of freedom of contract which has not been fully implemented because there is no negotiation in making the deed of fiduciary guarantee by notary based on what had been formulated by the financing company called a standard agreement. The fiduciary giver was forced to sign and agreement without understanding the standard clauses contained in the agreement. Arrangements must provide a sense of justice for fiduciary givers in the practice of making a deed of fiduciary guarantee by a notary, that a notary in making a deed of fiduciary guarantee must follow the producedures in the Notary Position Act, especially in Article 16 (1) Letter m of law on notary position. The Fiduciary Guarantee Act also needs to be revised, especially in Article 6 Letter b with addition of criteria for the form of the main agreement used so tat the notary who rejects the financing agreement does not lag behind other notaries. Regarding the clauses of the financing agreement, it is necessary to negotiate in advance in making the agreement in order to achieve the principle of balance.

Item Type:	Thesis (Master)
Uncontrolled Keywords:	AKTA JAMINAN FIDUSIA, FIDUSIA, JAMINAN FIDUSIA, KEDUDUKAN HUKUM, NOTARIS
Subjects:	K Law > K Law (General) > K1066-1089 Banking
Divisions:	02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User:	Rizki Noviyanti
Date Deposited:	10 Aug 2022 03:59
Last Modified:	10 Aug 2022 03:59
URI:	http://repository.unsri.ac.id/id/eprint/76869

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