International Journal of Humanities and Social Science Research

International Journal of Humanities and Social Science Research


International Journal of Humanities and Social Science Research
International Journal of Humanities and Social Science Research
Vol. 3, Issue 7 (2017)

In Effect of fiduciary agreement of moving object as a guarantee against obligation-violating debtor


Anis Mashdurohatun, Gunarto, Bambang Suprabowo, Sugiyanto

The purpose of this study is to examine and analyze the consequences of the Indonesian fiduciary agreement law on moving objects as debt guarantees against obligation-violating debtors (Tort). This research's approach method is empirical juridical. Data type used in this research is primary and secondary data. Primary data collection techniques are obtained through guided-free interviews. Determination of sample research uses purposive non random sampling. While the secondary data are obtained through literature study that includes principles, concepts, teachings and theories of law and justice with data analysis using analytical description method. The findings of this study are fiduciary assurance is an Assesoir agreement of basic agreement which issues obligations for parties to fulfill an achievement. The nature of the assesoir agreement in an agreement will be waived if the loan on the principal agreement on which the fiduciary agreement is born has been settled or paid. Due to the law of the debtor or fiduciary giver of wansprestasi (Indonesian’s term of not fulfilling the obligation), the fiduciary shall obligate to submit the fiduciary assurance object in the course of execution. The execution may be executed by executing the title executorial by the fiduciary recipient, or through the parate institution, the sale of fiduciary security objects on his own power through a public tender for the repayment of the debtor's loan. With the need to implement risk management with risk transfer to third parties.
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