Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam
Vol 16 No 2 (2024): Jurisprudensi: Jurnal Ilmu Syariah, Perundang-Undangan dan Ekonomi Islam

Analisis Yuridis Peralihan Jaminan Fidusia Kepada Pihak Ketiga Tanpa Sepengetahuan Kreditur

Arya Dharma, Yafiz (Unknown)
Dintara Lubis, Syaddan (Unknown)



Article Info

Publish Date
15 Aug 2024

Abstract

This study aims to analyze the legal consequences of the transfer of fiduciary collateral to a third party without the creditor's knowledge and the debtor's responsibility for such actions. The issue arises when a fiduciary creditor executes a process that violates existing procedures and regulations by seizing the collateral without selling or auctioning it. This execution is carried out due to time and cost considerations that are disproportionate to the expected results. The research employs a normative juridical approach, reviewing literature sources, including the Civil Code and Law No. 42 of 1999 concerning Fiduciary Guarantees. The study finds that fiduciary registration is a matter of publicity, meaning that all parties are deemed to be aware of the existence of fiduciary collateral through public access. Therefore, third parties transferring fiduciary objects must examine them carefully. The debtor's responsibility for transferring fiduciary collateral without the creditor's consent involves both civil and criminal consequences. This study highlights the importance of adhering to legal procedures to protect creditor rights and ensure debtor responsibility in fiduciary transactions.

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Journal Info

Abbrev

jurisprudensi

Publisher

Subject

Religion Humanities Law, Crime, Criminology & Criminal Justice

Description

The Jurisprudensi: Jurnal Ilmu Syariah, Perundang-undangan, Ekonomi Islam (Jurisprudensi: Journal of Sharia, Legal, and Islamic Economics) publishes scholarly articles and reviews on the discourse of Islamic Law. The Journal is also deeply committed to a global approach that publishes articles ...