TINJAUAN HUKUM ATAS EKSEKUSI OBYEK JAMINAN FIDUSIA MELALUI PARATE EKSEKUSI APABILA OBYEK JAMINAN BERALIH KEPADA PIHAK KETIGA ATAU MUSNAH

Pebrianti, Winda (2012) TINJAUAN HUKUM ATAS EKSEKUSI OBYEK JAMINAN FIDUSIA MELALUI PARATE EKSEKUSI APABILA OBYEK JAMINAN BERALIH KEPADA PIHAK KETIGA ATAU MUSNAH. Supremasi Hukum, 21 (1). pp. 84-98. ISSN 1693 – 766X

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Abstract

The existence of interference credit in world banking form is a problem that very disturb and threaten Indonesian banking system that must be anticipate by every side even more the existence of bank have strategic part in Indonesian economics matters activity. In fact the selling fidutia guarantee object by right giver as debitor that have impasse in paying credit is often. The selling fidutia guarantee object that have done by this executie parate way pass through the public auction is done because the way is easy and simple for kreditor to take the receivable back, if the debitor is conflict agreement comparison with execution pass through helping and mingled arm of the state courthouse. From result of knowable research that executie parate rights appear since wanpretation by debitor and creditor that have rights to sell fidutia guarantee object of self power by auction as arrange in Section 29 Article (3) Letter b Undang-Undang Jaminan Fidusia. If fidutia guarantee object is change to the third party or destroyed so the guarantee object to cover debitor obligation unexist, unless credit agreement still moving and it is a debitor responsibilities. According to that reason the law of guarantee in general gives protection to creditor, in case fidutia guarantee object was destroyed as arrange in Section 1131 KUHPerdata so that debitor is still responsible on its obligation to creditor, but if guarantee object moved to third party the principle of droit de suite was applied which constitute main characteristic of physical Rights, if the debitor is conflict agreement so that creditor can execute fidutia guarantee object wherever its exist.

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