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All Journal Jurnal Hukum Lex Generalis AHKAM : Jurnal Hukum Islam dan Humaniora
Adelia, Neneng
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Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL ANALYSIS OF FIDUCIARY GUARANTEES IN FINANCE COMPANIES: LEGAL ANALYSIS OF FIDUCIARY GUARANTEES IN FINANCE COMPANIES Adelia, Neneng
Jurnal Hukum Lex Generalis Vol 5 No 4 (2024): Tema Hukum Perdata
Publisher : CV Rewang Rencang

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Abstract

In statutory regulations Fiduciary guarantees are regulated in Law Number 42 of 1999. In the Law, explained then the meaning of The transfer of ownership of an object is called fiduciary based of confidence in these provisions then from the object that is the basis of the basis of ownership rights, namely, The movement always be within the limits of ownership of the object. The fiduciary on collateral itself namely a security right over movable objects, whether tangible or intangible, and in buildings that cannot be loaded, they are included as immovable objects, right of dependency contained in statutory regulation Number 4 the 1996 explaining the Right of Dependency that remains in the control of the Fiduciary, as collateral for the repayment of certain debts, which gives the Fiduciary a priority position over other creditors. So if it is concluded that a fiduciary guarantee is a guarantee certificate that will be given to a capital provider institution (which will provide credit) to ensure the timeliness of the payment of credit installments that have been given to creditors with collateral that has been collateralized in the form of goods and has been used as a credit contract. In the implementation of the research, the aim is to find out the functions and regulations begins with a guarantee from a fiduciary in Indonesia and what applies analysis of these guarantees for budget company. This research uses normative juridical research methods targeted at applicable laws, books, journals and other research results. The researcher was carried away to carry out the writing related to fiduciary guarantees with the title: "LEGAL ANALYSIS OF FIDUCIARY GUARANTEES IN FINANCING COMPANIES".
Tinjauan Hukum mengenai Penyelesaian Sengketa Konsumen terhadap PT TIKI di BPSK WKP II Provinsi Banten (Studi Kasus: Putusan No. 175K/Pdt.Sus-BPSK/2021) Adelia, Neneng; Hifni, Mohammad; Safiulloh, Safiulloh
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.7399

Abstract

The limited number of studies on consumer dispute resolution through the Consumer Dispute Settlement Agency (BPSK) underpins this research, despite its significant implications for consumer rights protection and legal certainty in Indonesia. This study aims to analyze the mechanism of consumer dispute resolution against PT Citra Van Titipan Kilat (TIKI) at BPSK WKP II, Banten Province, and to evaluate the effectiveness of BPSK decisions in enforcing business actors’ legal responsibility based on the principle of strict liability in civil law. A qualitative case study approach was employed, drawing on BPSK and Supreme Court rulings related to case No. 175K/Pdt.Sus-BPSK/2021, as well as interviews with BPSK members and affected consumers. Data were collected through official document analysis, semi-structured interviews, and participatory observation, then analyzed using thematic and comparative techniques. The findings reveal that PT TIKI was proven to have altered delivery services without consumer consent, causing material and immaterial losses, and that BPSK effectively applied arbitration as a fast, efficient, and low-cost dispute resolution mechanism. These findings support the theory of strict liability in civil law and affirm BPSK’s role as an effective quasi-judicial body in upholding consumer rights and ensuring legal certainty, although enforcement of decisions still requires supervision and clear limitations of authority. The implications include theoretical contributions to the literature on alternative dispute resolution (ADR) and strict liability of business actors, as well as practical contributions in the form of recommendations for BPSK, business actors, and policymakers to strengthen dispute resolution mechanisms and consumer protection.
Co-Authors Hifni, Mohammad Safiulloh, Safiulloh