Journal of Law and Justice
Vol 3 No 1 (2026): Dinamika Hukum, Tata Kelola, dan Kesadaran Hukum Kontemporer

Hilangnya Jaminan Fidusia dalam Perjanjian Kredit dan Konsekuensi Hukumnya

Dahris Siregar (Universitas Tjut Nyak Dhien, Indonesia)
Muhammad Dhobit Azhary Lubis (Universitas Haji Sumatera Utara, Indonesia)



Article Info

Publish Date
09 Jan 2026

Abstract

The withdrawal of the fiduciary guarantee will be affected if the credit agreement's fiduciary guarantee object is destroyed or lost. The purpose of this research is to ascertain the legal implications of fiduciary pledges in credit agreements being lost by taking into account the position of creditors in such a scenario. The issues brought up, examined, and clarified in this study are centered on the application of rules or norms in positive law as it employs a normative research methodology. Primary, secondary, and tertiary legal materials are used in the issue method, which combines a legal and conceptual approach. The study's findings demonstrate that the legal ramifications of a fiduciary guarantee loss arrangement do not absolve the debtor of making the outstanding credit installment payments to creditors. According to the study's findings, fiduciary assurances in credit agreements are essential for providing creditors with legal protection. since the debtor is the object of the guarantees. This implies that should the debtor fail to fulfill their obligations under the credit agreement with fiduciary assurances, in order to ensure the interests of creditors are protected by the law, when attempting to reach a settlement, creditors may seek executorial seizure of the debtor's assets.

Copyrights © 2026






Journal Info

Abbrev

Equality-JLJ

Publisher

Subject

Humanities Law, Crime, Criminology & Criminal Justice Other

Description

Equality : Journal of Law and Justice - e-ISSN: 3048-1252 (online) is a journal published by the Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia with the aim of developing research that focuses on Law and the Welfare of Indonesian Society. The journal is published in May and November ...