Alauddin Law Development Journal (ALDEV)
Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society

Legal Consequences of Unregistered Fiduciary Guarantee Deeds on The Agreements Validity

Rismawati, Irma (Unknown)



Article Info

Publish Date
29 Nov 2024

Abstract

This study aims to examine the legal protection of creditors in fiduciary guarantee credit agreements. The method used is normative research. The results show that the provision of legal protection for creditors in the case of unregistered fiduciary credit guarantee agreements begins from the signing of the notarized fiduciary guarantee deed and is then confirmed through registration. Registration of fiduciary guarantees must uphold the principle of publicity and ensure legal certainty for creditors in recovering their debts. The details of the law on unregistered fiduciary guarantee deeds against the validity of the guarantee agreement are the invalidity of ownership of the promised goods. This is caused by notarial deeds that are not consistently documented at the fiduciary registration office or only rely on personal deeds, thus harming the executor of the deed and causing creditors to lose priority rights.

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Journal Info

Abbrev

aldev

Publisher

Subject

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

Description

ALAUDDIN LAW DEVELOPMENT JOURNAL (ALDEV) IS A PEER-REVIEWED JOURNAL PUBLISHED BY FACULTY OF SYARIAH AND LAW, ALAUDDIN STATE ISLAMIC UNIVERSITY. ALDEV PUBLISHED THREE TIMES A YEAR IN MARCH, AUGUST, AND NOVEMBER. THIS JOURNAL PROVIDES IMMEDIATE OPEN ACCESS TO ITS CONTENT ON THE PRINCIPLE THAT MAKING ...