Journal of Law Science
Vol. 7 No. 1 (2025): January: Law Science

Legal analysis of creditor protection in bankruptcy without fiduciary guarantee registration

Septia Ningsih, Ratu (Unknown)
Shalsabila, Shalwa (Unknown)
Rahmalia, Astry (Unknown)
Alifah, Alifah (Unknown)
Maulana, Ayang Fristia (Unknown)



Article Info

Publish Date
31 Jan 2025

Abstract

Fiduciary as a legal concept in Indonesia has undergone significant development, especially after the enactment of Law Number 42 of 1999 concerning Fiduciary Guarantees. With the expansion of the object of fiduciary guarantee, it now includes not only physical movable objects such as vehicles and equipment, but also intangible objects and immovable objects that cannot be encumbered with dependent rights. This shows that there is a legal adaptation that is responsive to the needs of transactions and economic development in the community. This research is a normative legal research using a legislative approach. Based on the results of the research, it can be concluded that a fiduciary guarantee deed that is not registered at the fiduciary registration office can result in a number of significant legal consequences. One of the main consequences is the loss of the power of execution of the guarantee, so that creditors cannot rely on the object of the guarantee as protection against their receivables.

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Journal Info

Abbrev

JLS

Publisher

Subject

Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Law Science is a journal aims to be a peer-reviewed platform and an authoritative source of information. We publish original research papers, review articles and case studies focused on law and judiciary as well as related topics. All papers are peer-reviewed by at least one referee. JHP ...