JAMINAN FIDUSIA DI INDONESIA (TATA CARA PENDAFTARAN DAN EKSEKUSI)

Abstract

Debtor when asking to financing financing institution (creditors) usually use the guarantee in the form of objects that move and things that do not move. When guaranteed in the form of moving objects, then creditors will bind him with fiducia warrant.. Fiducia warrant is the right guarantees for moving objects either exist or not exist and objects do not move especially the building could not be burdened by the yoke rights referred to in Law Number 4 of 1996 on the Rights of the yoke that remain in the mastery of a Warner fiducia warrant, as collateral for certain debt repayment, which provide the preferred position to the recipient fiducia warrant against other creditors. (Article 1 of Act No. 42 The year 1999 about fiducia warrant). Fiducia warrant must be made by deed autentik and must be registered in the registration office fiducia warrant and want to warranty certificate fiducia warrant. But sometimes the debtor does not perform its obligations to the debtor, so that the debtor has the right to execute the things that have been pledged fiducia warrant. But sometimes the implementation of the execution get resistance from the debtor, because the creditors with using services debt collector take force objects fiducia warrant without doing the negotiations even tear in the streets. For that the police can provide security services execution of parties willing to execute the object fiducia warrant.