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All Journal Jurnal Hukum Lex Generalis
Rainaldo Laban, Jefrey
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Law, Crime, Criminology & Criminal Justice

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PERLINDUNGAN HUKUM KREDITUR ATAS JAMINAN BORTOCH YANG TIDAK DAPAT DISITA JAMINAN Rainaldo Laban, Jefrey; Sudirman; Umar, Wahyudi
Jurnal Hukum Lex Generalis Vol 5 No 4 (2024): Tema Hukum Perdata
Publisher : CV Rewang Rencang

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Abstract

This study examines the legal protection for creditors against non-confiscated borgtocht guarantees. Borgtocht guarantees, as a form of personal guarantee, often face challenges in their implementation, especially when they are not officially registered. This study uses normative research and legislative approaches to examine various legal rules as the focus of research using primary and secondary legal materials. This study shows that legal uncertainty arises due to the Constitutional Court's decision that limits creditors' rights in executing fiduciary guarantees, as well as the need to register guarantees to ensure legal certainty. In addition, the study highlights the importance of stronger legal protections for creditors to prevent losses due to debtor defaults.
Co-Authors Sudirman Wahyudi Umar