International Journal of Law
International Journal of Law
International Journal of Law
Vol. 6, Issue 2 (2020)

Legal standing and consequences for creditors on privately made deeds of fiduciary guarantee based on guarantee law in Indonesia


Lusiana Dewi Agustin, Albertus Sentot Sudarwanto

This study aimed to examine and analyze the legal standing and consequences for creditors on privately made deeds of fiduciary guarantee based on guarantee law in Indonesia. This study used normative legal research, then secondary data was from primary legal materials and other primary legal materials related to the study. The result of the study showed that privately made deeds of fiduciary guarantee deviated from the provisions in Article 5 paragraph (1) of the Fiduciary Guarantee Law, which affected the original creditor's standing from the preferred creditor to a concurrent creditor. As a result, the privately made deeds of fiduciary guarantee cannot be registered with the Fiduciary Registration Office and the loss of executive power made the creditor must file a lawsuit with the District Court with a breach of contract and/or execute by selling underhand. If the debtor defaults, the creditor cannot execute directly on the guarantee object. This can be concluded that privately made deeds of fiduciary guarantee changed the standing of the creditor from the preferred creditor to the concurrent creditor and the legal consequences cannot be registered and the executive power was lost. The suggestions are; for creditors, they must charge fiduciary guarantees made with an authentic deed, for debtors, they must understand and know the provisions in charging fiduciary guarantees, and for the Ministry of Law and Human Rights, they must provide socialization to creditors regarding the imposition of fiduciary guarantees.
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How to cite this article:
Lusiana Dewi Agustin, Albertus Sentot Sudarwanto. Legal standing and consequences for creditors on privately made deeds of fiduciary guarantee based on guarantee law in Indonesia. International Journal of Law, Volume 6, Issue 2, 2020, Pages 120-124
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