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.