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All Journal Journal of Innovation Research and Knowledge Indonesia of Journal Business Law Jurnal Penelitian dan Pengkajian Ilmiah J-CEKI
Iran Sahril
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Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Journal : Journal of Innovation Research and Knowledge

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ANALISA KEPASTIAN HUKUM JAMINAN FIDUSIA DALAM PERJANJIAN KREDIT TERKAIT PENGALIHAN OBJEK JAMIAN FIDUSIA TANPA PERSETUJUAN KREDITUR Aneke Jeaned Von Bulow; Iran Sahril; Dedy A. Prasetyo
Journal of Innovation Research and Knowledge Vol. 4 No. 10: Maret 2025
Publisher : Bajang Institute

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The fiduciary security system is an essential instrument in financing but often faces challenges, particularly regarding the transfer of secured objects without the creditor's consent. This issue can jeopardize the creditor's right to execute the secured asset in case of debtor default. Article 36 of Law No. 42 of 1999 aims to protect creditors by prohibiting unauthorized transfers, although its implementation often encounters legal, technical, and administrative obstacles, necessitating further study. This research aims to analyze the implementation of Article 36 of Law Number 42 of 1999 on Fiduciary Security in prohibiting the transfer of fiduciary objects without creditor approval and to examine legal certainty for creditors in the context of violations of this provision. Using the theory of security and legal certainty as analytical frameworks, this study evaluates three Supreme Court decisions: Number 109 K/PID.SUS/2019, Number 2526 K/Pid.Sus/2024, and Number 278/Pid.Sus/2017/PT SMG.The findings reveal that the implementation of Article 36 not only normatively prohibits the transfer of fiduciary objects without creditor consent but also provides legal protection through criminal sanctions for violations. In practice, court flexibility is evident in considering the good faith of debtors who resolve disputes amicably, as seen in Decision Number 109 K/PID.SUS/2019. However, in other cases, such as Decisions Number 2526 K/Pid.Sus/2024 and Number 278/Pid.Sus/2017/PT SMG, strict law enforcement remains a priority to uphold creditor rights and prevent misuse of fiduciary objects.This research also highlights the relevance of Article 36 in the digital era. Digitalization of fiduciary documents and the use of tracking technologies such as GPS and blockchain can enhance efficiency and transparency, providing additional protection for creditors. Recommendations include strengthening regulations, adopting technology, and raising public legal awareness to ensure optimal legal protection in the fiduciary system.
PERLINDUNGAN HUKUM BAGI KREDITUR ATAS PEMBEBANAN HAK TANGGUNGAN AKIBAT PEMBATALAN SERTIPIKAT Christian Alexander P Siregar; Wira Franciska; Iran Sahril
Journal of Innovation Research and Knowledge Vol. 4 No. 11: April 2025
Publisher : Bajang Institute

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In everyday life, problems often occur related to the existence of objects of ownership of rights obtained unlawfully whose guarantees often become problems regarding the truth of the objects of guarantee as regulated in Law of the Republic of Indonesia Number 4 of 1996 concerning Mortgage Rights over land and the land in question. often becomes the object of bank guarantees which will be burdened with Mortgage Rights. Problem Formulation What are the legal consequences for creditors of the cancellation of property rights certificates that are encumbered with Mortgage Rights and how to provide legal protection to creditors for cancellation of property rights certificates that are the object of Mortgage Security. Theory of legal protection According to Satijipto Raharjo, theory of legal consequences according to Soeroso.RThe method used in this study is a type of normative juridical research, namely literature law research or secondary data with primary, secondary and tertiary legal sources. The research approach used is a legislative, analytical, conceptual and case approach. The technique of collecting legal materials is carried out by identifying and inventorying positive legal rules, literature, books, journals and other sources of legal materials. For legal material analysis techniques, it is carried out by grammatical and systematic legal interpretation as well as legal construction methods, analogies, and legal refinement.Research results: Protection for creditors against cancellation of mortgage certificates that have been encumbered with mortgage rights in the form of preventive and repressive protection. Preventive protection in the Mortgage Rights Law does not yet accommodate the regulation that canceling a certificate based on a Court Decision does not result in the cancellation of the Mortgage Rights that burden it, so that the bank as the creditor is not harmed. Repressive legal protection if the debtor defaults or defaults on the promise of his debts and receivables, the bank can also file a civil lawsuit against the debtor's debt to the creditor or take the path of peace through non-litigation. The legal consequence for creditors is that the removal of the title certificate which is the object of collateral for mortgage rights also removes the right of precedence in payment of the debtor's debt in the event of default.
Co-Authors Ahmad Yani Alviana Rizky Amelia Nur Widyanti Aneke Jeaned Von Bulow Christian Alexander P Siregar Dedy A. Prasetyo Dhody A.R. Widjaja Atmadja3 Wira Franciska WULANDARI Yudha