Vol. 6, Issue 1 (2020)
The reform of legal protection for creditors in the implementation of fiduciary guarantee registration policy in indonesia based on justice value
Author(s): Gunarto, Wieke Dewi Suryandari, Amin Purnawan
Abstract: The implementation of fiduciary guarantee registration is currently not fair, especially in the case of the Fiduciary Guarantee Registration Procedure, this also results in injustice for the protection of creditors in the implementation of the fiduciary guarantee registration policy. Research that will address the implementation of legal protection in the implementation of the fiduciary guarantee registration policy that has not been fair, using normative juridical methods. The Implementation of Fiduciary Security Registration Obligations Currently Not Just, especially in terms of Fiduciary Guarantee Registration Procedures, Protection of Creditors and Debtors, Affirmation of Cessie Institutions in the case of Transfer of Receivable Rights, Binding of Fiduciary Collateral Collateral, Bookkeeping of Fiduciary Guarantee Registration, Registration of Fiduciary Overseas Objects, Imposition of Objects which become the object of Fiduciary Collateral, and Execution of Fiduciary Collateral Objects. Research result shows that it is necessary to reconstruct the obligation to register fiduciary guarantees based on justice values by providing legal protection to fiduciary creditors for fiduciary goods (inventory) and debtors in terms of fulfilling their rights and obligations. Carry out monitoring of the implementation of fiduciary guarantees in credit agreements. Provide juridical certainty of the sales authorization for fiduciary security objects that are required to be guarded by a notary public and guarantee equitable completion of the execution of fiduciary guarantees that are not registered with the fiduciary guarantee registration office. So that the value of justice in the implementation of fiduciary guarantee registration can be realized.