Jurnal Hukum IUS QUIA IUSTUM
Vol. 23 No. 1: JANUARI 2016

Eksistensi Hak Tanggungan dalam Kontrak Investasi Kolektif Efek Beragun Aset (KIK-EBA) sebagai Konsep Trusts

Riky Rustam (Unknown)



Article Info

Publish Date
20 Jun 2016

Abstract

This research aims at discussing the problems concerning KIK-EBA agreement related to the existence of personality principles and ownership status of mortgage whose trust is secured in KIK-EBA. The problem discussed is related to any legal effects of the implementation of KIK-EBA as an agreement consisting of three parties on the existence of personality principles and related to the ownership status of mortgage in the securitization mechanism used in KIK-EBA. This was a normative research whose data were collected by using a library research method. The findings conclude that KIK-EBA is not an exception of personality principle; besides, since the formal condition of agreement is not fulfilled, KIK-EBA is null and void. The ownership of mortgage in KIK-EBA is still owned by the original creditor although purchase and sale of trust has occurred as a true sale in KIK-EBA.

Copyrights © 2016






Journal Info

Abbrev

IUSTUM

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Ius Quia Iustum Law Journal is a peer-reviewed legal journal that provides a forum for scientific papers on legal studies. This journal publishes original research papers relating to several aspects of legal research. The Legal Journal of Ius Quia Iustum beginning in 2018 will be published three ...