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All Journal Media of Law and Sharia
Tsuroyyaa Maitsaa' Jaudah
Universitas Muhammadiyah Magelang
Humanities Law, Crime, Criminology & Criminal Justice

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Konsekuensi atas Penghapusan Jaminan Fidusia yang Tidak Dilakukan Tsuroyyaa Maitsaa' Jaudah; Puji Sulistyaningsih; Dakum Dakum
Media of Law and Sharia Vol. 5 No. 4: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i4.148

Abstract

The cancellation of fidusia guarantee is an important process in consumer financing transactions. Fidusia guarantee is regulated by Law Number 42 of 1999 on Fidusia Guarantee. The cancellation of fidusia guarantee aims to provide legal certainty and remove the secured object once the debt is settled. However, many fidusia recipients fail to cancel the guarantee as required, resulting in negative consequences. The purpose of this research is to understand the consequences of not canceling the fidusia guarantee. The research method used is normative legal research with a legislative, conceptual, and case approach. The results of this research show that fidusia recipients who do not cancel the guarantee are caused by the lack of strict sanctions governing the cancellation of fidusia guarantee certificates, the recipients' or providers' lack of knowledge about the obligation to cancel the guarantee, and the cancellation of the guarantee not being a requirement for subsequent fidusia guarantee registration. The conclusion is that the consequences of not canceling the fidusia guarantee are that the debtor cannot re-pledge their property and the same or other creditors cannot re-register the fidusia guarantee, resulting in repeated fidusia registration or double fidusia, and the fidusia guarantee data on the AHU Directorate's database becomes inaccurate, invalid, and lacks legal certainty.
Co-Authors Dakum Puji Sulistyaningsih