Indonesian Journal of Law and Islamic Law (IJLIL)
Vol. 2 No. 2 (2020)

PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS

Supianto Supianto (Fakultas Hukum Universitas Islam Jember, Jember, Indonesia)
Nanang Tri Budiman (Fakultas Hukum Universitas Islam Jember, Jember, Indonesia)



Article Info

Publish Date
23 Dec 2020

Abstract

Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.

Copyrights © 2020






Journal Info

Abbrev

ijl

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-4621) is a journal through a review process published twice a year (June and December) by Sharia Faculty, State Islamic Institute of Jember. This journal emphasizes aspects related to law and Islamic law studies, ...