PENYELESAIAN KREDIT MACET DENGAN JAMINAN FIDUSIA DI PT.FIF GROUP KOTA PARIAMAN

Abstract

Fiduciary Security is the transfer of ownership rights to an object based on trust provided that the object whose ownership rights are transferred remains under the control of the owner of the object. Fiduciary security has been used in Indonesia since the Dutch colonial era as a form of guarantee that was born from jurisprudence. Article 29 paragraph (1) of Law Number 42 of 1999 concerning fiduciary guarantees authorizes creditors to carry out execution of fiduciary collateral objects. However, in reality one of the creditors and debtors does not carry out the contents of the credit agreement with fiduciary guarantees as written in Law Number 42 of 1999 concerning fiduciary guarantees. The formulation of the problem in this research are (1) How is the settlement of bad credit agreement with fiduciary guarantee at PT. FIF GROUP KOTA PARIAMAN? (2) What are the obstacles in the settlement of credit agreement defaults with fiduciary guarantees at PT. FIF GROUP KOTA PARIAMAN? This type of research uses sociological juridical research, where the data source consists of primary data and secondary data. Then the data collection techniques are by interview and document study. The results of the research are (1) Settlement of bad credit with fiduciary guarantees for motorized vehicles at PT. FIF GROUP KOTA PARIAMAN, in case of default it is made by a very simple mechanism. (2) What becomes an obstacle is found on the ground in the legal consequences that arise if it does not fulfill the publicity element, then the fiduciary guarantee does not apply and the creditor only becomes a concurrent creditor.