EKSEKUSI BENDA OBJEK PERJANJIAN FIDUCIA DITINJAU DARI UNDANG-UNDANG JAMINAN FIDUCIA

Lenny Verawaty SH Siregar (Universitas HKBP Nommensen)

JURNAL ILMIAH SIMANTEK
Vol 2 No 4 (2018): JURNAL ILMIAH SIMANTEK

The purpose of this study was to determine the execution process of a fiduciary collateral object as collateral for debt because the debtor defaulted on creditors based on library data obtained through library research sourced from legislation such as the Civil Code, Fiduciary Insurance Act, books, scientific works, and other writings. From the results of the research conducted, the authors concluded that in the case of the execution of objects of fiduciary collateral over debtors, defaults to creditors have binding legal powers based on Article 29 to Article 34 of the Fiduciary Guarantee Law which regulates execution. The third method of execution is first, the executorial title or based on writing containing the implementation of a court decision that provides the basis for seizure and seizure auction without the mediation of the Judge. Second, the sale of objects on their own power through public and third auctions, namely under-the-sale sales based on the agreement of the giver and recipient of fiduciary, which if the highest price can be obtained that benefits the parties. And in the case of a fiduciary agreement not registered at the office of registration of fiduciary guarantees, it can be executed by parate execution (right to own power) and under the hand.