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Romlan
Universitas Darul 'Ulum JOmbang

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PENGALIHAN OBJEK JAMINAN FIDUSIA OLEH DEBITUR TANPA PERSETUJUAN KREDITUR DALAM PERJANJIAN KREDIT BANK Romlan
Justicia Journal Vol. 5 No. 1 (2016): Justicia Journal
Publisher : Universitas Darul Ulum

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Abstract

In the credit agreement, Financial Institutions (both bank and non-bank) alwaysrequires a guarantee that must be met to be able to get a loan. The credit agreementwith a fiduciary is the measures taken in order to adapt it to the business world and theneeds of the community. One of them will be discussed in this thesis that the object offiduciary transfer of the bank credit agreement. Debtor acts by diverting the object offiduciary without creditors' approval by reselling to third parties.The approach used is the approach taken by based on laws and regulations (statuteapproach), which is the approach taken to examine all laws and regulations relevant tothe legal issues being addressed, as it also used the conceptual approach (conceptualapproach ) approach that is referring to the definitions, concepts and opinions orarguments jurists. And issues to be discussed are legal consequences if the debtorobjects fiduciary transferred without the consent of the creditors in the bank creditagreement, as well as legal protection for creditors to object the transfer of fiduciary bythe debtor without the consent of the creditor.The legal consequences if the debtor to transfer the object of fiduciary without theconsent of the lender based on the right material attached to the fiduciary and thenature of the droit de suite where such rights follow the object in the hands of anyonethe object is, the creditor has the right to withdraw security object fiduciary andexecution. Execution of fiduciary guarantee the seizure and sale of objects whichbecame the object of fiduciary insurance for injury debtor promise to the creditor. Legalprotection for creditors to object the transfer of fiduciary is by registering and insuringfiduciary guarantee object fiduciary. If no registration fiduciary guarantee it will notissue a certificate fiduciary, which means the deed of fiduciary considered to have nobinding legal force, while the insured object fiduciary for the purpose of transfer of riskin the event of undesirable events such as the transfer of objects fiduciary by thedebtor.