PENARIKAN SECARA PAKSA OBJEK JAMINAN FIDUSIA DALAM HUBUNGAN PERLINDUNGAN ANGSURAN KREDIT DEBITUR

AYU WULANDARI, ESCA SARI and Ridwan, Ridwan (2019) PENARIKAN SECARA PAKSA OBJEK JAMINAN FIDUSIA DALAM HUBUNGAN PERLINDUNGAN ANGSURAN KREDIT DEBITUR. Undergraduate thesis, Sriwijaya University.

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Abstract

This thesis discusses the withdrawal of fiduciary assurance object by force in relation to debtor loan installment protection. Provision of financing given to the consumer as a debtor becomes a debt worth of financing provided, along with interest, which is agreed upon by the parties. Considering the nature of the financing agreement contains a principal agreement in the form of debt, the financing service also requires adequate guarantees as referred to as fiduciary assurance. The formulation of the problem in this study is about the withdrawal of fiduciary assurance object by force, as well as the form of legal protection against debtors for achievements (credit installments) that have been made related to the withdrawal of fiduciary assurance object by force. This research is a normative legal research using legislative, conceptual, and case approach. The type of legal materials obtained from primary, secondary, and tertiary legal materials, collected through library studies, analyzed qualitatively, with deductive deduction techniques. The results of this study is, withdrawal of fiduciary assurance by force is a legitimate act if it has fulfilled the right procedure in withdrawing fiduciary assurance objects, but in practice has found problems because there are no clear rules about fiduciary recipient to take objects that are fiduciary assurance from fiduciary provider. What is usually experienced by fiduciary recipients is a forced withdrawal by the debt collector. The credit installment accomplishment carried out by the debtor in the event of a forced withdrawal of the Fiduciary object without clear legal protection so that it becomes a loss to the debtor in the sense that there is no reward for the debtor's accomplishment but the debtor feels the benefits of the use of the goods during the installment.

Item Type: Thesis (Undergraduate)
Uncontrolled Keywords: Debtor Legal Protection, Fiduciary Assurance, Forced Withdrawal
Subjects: K Law > K Law (General) > K1-7720 Law in general. Comparative and uniform law. Jurisprudence
Divisions: 02-Faculty of Law > 74102-Notarial Law (S2)
Depositing User: Users 757 not found.
Date Deposited: 02 Aug 2019 10:37
Last Modified: 02 Aug 2019 10:37
URI: http://repository.unsri.ac.id/id/eprint/1967

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