Problematika Eksekusi Jaminan Fidusia Kendaraan Bermotor (Kajian Dalam Perspektif Ius Constitutum Dan Ius Constituendum)

Sidabutar Amudi PS

Abstract


The attractiveness of fiduciary recipients over fiduciary security is the ease in executing the security objects in terms of fiduciary providers is negligent, that is by selling the collateral objects either by auction or under the hand without going through a court decision or determination as set out in Article 29 of RI Law No. 42 Year 1999 on Fiduciary (UUJF). Parate execution authority is derived from an Article 15 UUJF paragraph (2) which determines the "Certificate of Fiduciary" as referred to in paragraph (1) shall have the same force executorial court decisions that have permanent legal power. This ease is different from the execution process under Article 195 HIR and other provisions which essentially requires a court decision that is final and binding, with the exception of decisions that can be run first (uitvoerbaar bij voorraad), Verdict Provisions, Deed of peace, and the execution of the deed grosse. The execution of the fiduciary security which is the object are motorcycles cannot be accomplished too much because that motorcycles are not submitted from fiduciary providers to fiduciary recipients as required in Article 30 UUJF and the fiduciary recipients cannot or will face difficulties in implementing the withdrawal of the motorcycle that used as security. Not only because of the provisions governing, good intention, the legal culture of fiduciary providers and the society himself also play role in determining the execution of the fiduciary security, therefore the procurement of motorcycles with fiduciary security should be evaluated by the leasing system.

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