Jurnal Kajian Hukum dan Sosial
Vol 4 No 2 (2007)

Fidusia: Kajian Terhadap Perjanjian Jaminan di Bawah Tangan

Siti Nurhayati (UGM Yogyakarta)



Article Info

Publish Date
28 Mar 2025

Abstract

This study aims to analyze the concept of fiduciary in a handwritten collateral agreement and its implications in legal practice in Indonesia. This study explores the legal validity, executory power, and legal risks arising from unregistered fiduciary agreements. The research method used is library research with a juridical-normative approach. The research sources include the Fiduciary Guarantee Law, court decisions, and relevant legal literature. The results of the study show that underhand fiduciary agreements have weaknesses in the aspect of legal protection for creditors, especially in the process of collateral execution. The non-registration of fiduciary rights results in the inability to directly enforce executory rights, creating the potential for legal disputes. This study emphasizes the importance of registering a trust to provide legal certainty and stronger protection for parties in collateral agreements.

Copyrights © 2007






Journal Info

Abbrev

justicia

Publisher

Subject

Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

The journal aims to advance knowledge in Islamic legal studies within Muslim societies from various perspectives, enriching both theoretical and empirical research. It covers a range of subjects, including in-depth studies of living law in Muslim communities, legal negotiations on human rights, and ...