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VOL. 9, ISSUE 1 (2023)
Towards problems and solution in executing fiduciary guarantees for default debtors (A case of PT. mandiri tunas finance, Madiun city, Indonesia)
Authors
Anita Prawardani, Moch Najib Imanullah
Abstract
This study was designed using a qualitative descriptive research method based on an empirical or non-doctrinal legal approach. The goal of this research is to describe a present incident or event. The incident linked to the problematic execution of fiduciary guarantees for debtors that fail on PT. Mandiri Tunas Finance in Madiun City. The data of this study were divided into primary data and secondary data. The primary data included direct interview at problems related parties, and descriptions of the execution of fiduciary guarantees against default debtors. Secondary data include literature review, expert opinions, book literature, national and international journals, internet online media, and laws and regulations relevant to the issues addressed in this study. This study found that the execution of fiduciary guarantee objects varies for each credit issue. The problem will be resolved if Mandiri Tunas Finance and the debtor can reach an agreement through mediation. However, if the party in charged seeks the intervention of the Police or other third parties to resolve the problem by tracing the whereabouts of the lost collateral object unit, the case will be continued until further information is discovered. Meanwhile, if a collateral object unit is discovered to have been stolen, an insurance claim can be submitted with an insurance firm that works with the creditor. Mandiri Tunas Finance, as the creditor, has also acted in conformity with the procedure in the case of disputes over fiduciary collateral objects that have already reached the District Court stage, as well as in full compliance with the Constitutional Court decision Number 18/PUU-XVII/2019, which was carried out on the creditor and debtor's agreement with execution according to the decision court that has permanent legal force.
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Pages:179-184
How to cite this article:
Anita Prawardani, Moch Najib Imanullah "Towards problems and solution in executing fiduciary guarantees for default debtors (A case of PT. mandiri tunas finance, Madiun city, Indonesia)". International Journal of Law, Vol 9, Issue 1, 2023, Pages 179-184
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