UTOMO, BUDI (2007) KAJIAN YURIDIS TERHADAP JAMINAN FIDUSIA DALAM MEMBERIKAN KREDIT PADA LEMBAGA PEMBIAYAAN DITINJAU DARI UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA. Masters thesis, Magister Hukum Kesehatan Universitas Katolik Soegijapranata Semarang.
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Abstract
Rule of Section 1338 Law book Civil Law that contains of freedom contract to give freedom to interested parties to make agreement that arranging their self. The agreement of fiduciary transfer of ownership guarantee that is done at transaction defrayal of consumer represents standard agreement which poured in the form of agreement form (certificate under hand). The Difference way of agreement infusion in the form of authentic certificate and also certificate under hand do not have an influent with the strength of cording agreement, this matter is caused by strength cording agreement is arise and the happening of agreement of the parties. The difference of Infusion agreement will cause at the strength of verification of agreement to all side. Rule of Law which peculiarly arrange about fiduciary transfer of ownership guarantee there are at Code Number 42 1999 about Fiduciary transfer of ownership Guarantee ( UUJF). Section 5 sentence ( 1) UUJF give rule that fiduciary transfer of ownership guarantee agreement made in the form of notaries certification and represent fiduciary transfer of ownership guarantee certification. With the existence of the rule require to be studied furthermore about fiduciary transfer of ownership guarantee agreement that in the form of certification under hand that is done at transaction defrayal of consumer. This study aim to know 1) made Agreement fiduciary transfer of ownership guarantee legal force in the form of certification under hand 2) Protection punish to guarantee giver in made fiduciary transfer of ownership guarantee agreement in the form of certification under hand Research is done with approach of Juridical Empiric and has the character of analytical descriptive. Data that is needed are 1) Primary data (data concerning fiduciary transfer of ownership guarantee agreement, execution execute and sale of guarantee object 2) Secondary data which consist of : Materials of law primary ( legislation, for the example is fiduciary transfer of ownership guarantee agreement with the form of certificate under hand), materials of law secondary ( book I journal of law). The compile data is analyzed with method of qualitative. This study result of conclusion and for example 1) The agreement fiduciary transfer of ownership Guarantee made in the form of certificate under hand represent valid agreement and have the power of to cord to all party. Switchover of Property that happened at fiduciary transfer of ownership is not representing switchover of property in fact, however representing switchover of property at the site that is used as guarantee. The legal force of fiduciary transfer of ownership guarantee agreement that is made in the form of certificate under hand limited to the strength agreement of cording to it for all party, this agreement do not have executorial title and execute can" be done with claim at district court 2) Empowering which cannot end do not oppose against rule of Section 1813 KUHP PERDATA, this matter is affirmed with Jurisprudence Appellate Court of December 16th,1976 Number 731 KISip/1975. Execute of execution and sale of executing motorcycle at defrayal of consumer which is done based on authority that obtained from empowering. With the existence of rule Section 18 sentence (1) Jo d letter article 3 UUPK standard clause about giving empowering to conduct action at one side in the case of execute and sale of executing vehicle to be expressed cancellation for the law. Based on that, it's suggested: To guarantee rule of law to all party side hence needing presumably to be more consider juridicatif aspect beside economic aspect in making of fiduciary transfer of ownership guarantee agreement. Keyword: The agreement of fiduciary transfer of ownership guarantee with the form. of certificate under hand.
| Item Type: | Thesis (Masters) |
|---|---|
| Subjects: | 300 Social Sciences > 340 Law > 343 Military, defense, public property, tax, trade & industrial law |
| Divisions: | Graduate Program in Master of Law |
| Depositing User: | Mrs Christiana Sundari |
| Date Deposited: | 12 May 2017 03:48 |
| Last Modified: | 12 May 2017 03:48 |
| URI: | http://repository.unika.ac.id/id/eprint/14195 |
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