International Journal of Educational and Life Sciences (IJELS)
Vol. 3 No. 2 (2025): February 2025

Legal Analysis of Default Dispute Resolution in Money Lending and Borrowing Agreements with Fiduciary Guarantees for Certain Individuals in the City of Mataram

Kazwaeni (Universitas Mataram)
Hj. Rodliyah (Universitas Mataram)
Aris Munandar (Universitas Mataram)



Article Info

Publish Date
28 Feb 2025

Abstract

This study aims to examine the resolution of breach of contract disputes in loan agreements with fiduciary guarantees among certain individuals in Mataram City. It covers the implementation of loan agreements with fiduciary guarantees as well as the methods and processes involved in resolving breach of contract disputes in such agreements, specifically in the Sekarbela District of Mataram City. The research also seeks to determine whether the dispute resolution and its implementation comply with legal mandates. This study employs a normative-empirical legal research approach, utilizing statutory, conceptual, and sociological approaches. The research findings indicate that loan agreements with fiduciary guarantees do exist among certain individuals. Observations conducted so far reveal that such practices are common; however, their implementation often involves minor errors that can have significant consequences in cases of breach of contract. One of these errors is the failure to register the fiduciary guarantee with the Fiduciary Registration Office, which results in legal uncertainty and the emergence of preferred creditors. Additionally, some loan agreements are made without collateral, which could ultimately harm the creditor.

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Journal Info

Abbrev

ijels

Publisher

Subject

Religion Humanities Public Health Social Sciences Other

Description

International Journal of Educational and Life Sciences (IJELS) is an international online multidisciplinary journal published monthly by Multitech Publisher. The aim of IJELS is to publish peer-reviewed review articles, research articles, and short communications in the rapidly developing field of ...