Pena Justisia: Media Komunikasi dan Kajian Hukum
Vol. 23 No. 2 (2024): Pena Justisia

Fiducia As A Trust Agreement: Ethical Reflections In Law

Ferry (Universitas Gajah Mada Yogjakarta)



Article Info

Publish Date
30 Dec 2024

Abstract

Fiduciary as a legal instrument of trust has a fundamental complexity in the Indonesian legal system that has not been fully understood comprehensively. This study aims to explore the construction of ethics in the practice of fiduciary agreements through a normative legal approach with a multidisciplinary perspective. The research method uses an in-depth literature study, analyzing primary, secondary, and tertiary legal materials with comprehensive legal interpretation techniques. The research focuses on revealing the ethical, philosophical, and legal dimensions inherent in the practice of fiduciary agreements, as well as analyzing the implementation of the Fiduciary Guarantee Law in a concrete transactional context. The results of the study show that fiduciary is not merely a technical legal mechanism, but rather a complex representation of social relations built on the principles of trust and substantive justice. The construction of fiduciary law in Indonesia shows adaptive dynamics influenced by historical, cultural, and global economic development factors. The study reveals that the interpretation of fiduciary law requires a progressive approach that goes beyond normative interpretation, taking into account dynamic social and ethical contexts. The implications of this study provide academic contributions in reconceptualizing the understanding of fiduciary as a living legal instrument, which continues to evolve according to the needs of modern society.

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Journal Info

Abbrev

hk

Publisher

Subject

Law, Crime, Criminology & Criminal Justice

Description

Pena Justisia aims to provide a forum for lecturers and researchers to publish the original articles about Law Science. Focus of Pena Justisia is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate ...