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All Journal Jurnal ABDINUS : Jurnal Pengabdian Nusantara Journal of Social Research
Puguh Triwibowo
Universitas Pancasila
Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Social Sciences

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Reconstruction of Creditor Rights: A Juridical Analysis of the Implications of Non-Registration of Fiduciary Guarantees on Preferential Rights and Execution of Collateral Puguh Triwibowo
Journal of Social Research Vol. 5 No. 2 (2026): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i2.3004

Abstract

Law Number 42 of 1999 concerning Fiduciary Guarantee asserts that registration constitutes a constitutive element for the establishment of rights in rem (zakelijk). However, a disparity between legal norms (das sollen) and empirical practices (das sein) remains evident, characterized by the prevalence of creditors neglecting the registration obligation for the sake of cost efficiency. This study aims to dissect the juridical consequences of such negligence, particularly regarding the degradation of creditor status from separatist to concurrent, as well as the forfeiture of the privilege of preference rights. Utilizing a normative juridical research method with statutory and conceptual approaches, this study concludes that an unregistered fiduciary guarantee deed merely generates an obligatory relationship (personal agreement). The fatal implications include the loss of executorial title (parate executie), the absence of legal standing in non-litigation execution, and the extinguishment of droit de suite protection against third parties. The synergy between the role of Notaries in providing legal counseling and the firmness of the Ministry of Law in administration serves as the key to mitigating these risks.
Pemberdayaan Kesadaran Hukum Masyarakat melalui Penyuluhan Hukum Keluarga di Desa Sukajaya, Kabupaten Sumedang Tetti Samosir; I Ketut Oka Setiawan; Agus Surono; Zaitun Abdullah; Aris Yulia; Puguh Triwibowo
Jurnal ABDINUS : Jurnal Pengabdian Nusantara Vol 10 No 3 (2026): Volume 10 Nomor 3 Tahun 2026
Publisher : Universitas Nusantara PGRI Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29407/ja.v10i3.20966

Abstract

Public legal awareness is a crucial factor in fostering an orderly and protected family and social life, enabling the resolution of various issues in accordance with applicable legal provisions. A limited understanding of the law can lead to family-related problems, as well as broader social and digital-age challenges. This initiative aims to enhance public legal understanding and awareness. It employed a participatory-educational approach through legal outreach comprising workshops, presentations, discussions, and Q&A sessions involving 100 participants from the community of Sukajaya Village. The topics covered included marriage under national and Islamic law; the rights and obligations of spouses; the status and protection of children under national and Islamic law; marital property; divorce; inheritance law (including Islamic inheritance law); as well as issues such as narcotics abuse, the use of digital devices by adolescents, online gambling, and personal data protection. The outcomes indicate that this legal outreach provided an educational and dialogical space for the community to grasp the interplay between legal norms, Islamic legal values, and the various challenges encountered in daily life. The initiative demonstrates that legal outreach integrating family law, Islamic law, and contemporary legal issues can serve as a preventive instrument to strengthen legal literacy and awareness, while encouraging more responsible decision-making that aligns with legal requirements.
Co-Authors Agus Surono Aris Yulia I Ketut Oka Setiawan Tetti Samosir Zaitun Abdullah