Akibat Hukum Akta Jaminan Fidusia yang Dibuat di Bawah Tangan dalam Kredit Motor

Fransiska Imelda (Universitas Indonesia)
Arsin Lukman (Fakultas Hukum Universitas Indonesia)

Jurnal Supremasi
Volume 13 Nomor 1 Tahun 2023

Purchasing motorbikes on credit involves third parties, namely consumer finance as financing lenders (creditors), while the party receiving the financing loan is called the debtor. The parties who bind themselves in the fiduciary guarantee deed under the hand do not have legal certainty for the parties, it is different from the fiduciary guarantee deed based on Law Number 42 of 1999 concerning Fiduciary Guarantees that have legal certainty. Fiduciary guarantees are guarantees for rights to movable or immovable objects other than land and buildings which are not included in mortgage rights. Through normative juridical research, research has been produced that the legal consequences of a fiduciary guarantee deed made privately are the frequent executions of unilateral interests, namely the creditor when there is a breach of contract made by the debtor. It is urgent to make a fiduciary guarantee deed which is notarized and registered at the fiduciary guarantee registration office to obtain a fiduciary certificate that has legal force.