POLITIK HUKUM DALAM PELAKSANAAN JAMINAN FIDUSIA BERDASARKAN UNDANG-UNDANG NOMOR 4 TAHUN 1999

Abstract

Fiduciary is the transfer of ownership rights to objects using the principle of trust provided that the object to which ownership rights are transferred remains the property of the owner of the object. In Law Number 42 Year 1999 the formulation of the Fiduciary Law does not yet reflect the existence of legal certainty, because the formulation of norms contained in the forum still causes a dualism of interpretation and there are articles of the Law that contradict article one with other articles. This research use qulitative approach and law method, result is fiduciary guarantee agreements have not protected creditors with strong legal protection, even though creditors also have an important role in broad economic activities and narrow guarantees. This study aims to determine the legal protection of creditors in order to achieve legal certainty in the fiduciary guarantee agreement with the juridical-normative method.