CD Skripsi

Perlindungan Hukum Bagi Debitur Terhadap Kreditur Yang Tidak Melaksanakan Kewajiban Penghapusan (Roya) Jaminan Fidusia Di Pt Pegadaian Syariah Cabang Subrantas Pekanbaru

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ABSTRACT
Every object guaranteed by the Fiduciary Guarantee must be registered with the Fiduciary Registration Office. The purpose of fiduciary registration is to guarantee legal certainty and provide legal protection for the parties concerned. Fiduciary registration should end with the deletion (roya) of fiduciary guarantees as in Article 16 paragraph (2) of Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Guarantee Acts. As long as the fiduciary recipient has not notified him of the abolition of the fiduciary guarantee and the issuance of the fiduciary guarantee certificate is no longer valid, the object which is the object of the fiduciary guarantee has not been erased and remains attached as a debt guarantee. in accordance with Article 7 paragraph (2) of Government Regulation Number 21 of 2015 concerning Procedures for Registration of Fiduciary Guarantees and Costs for Making Fiduciary Deed Guarantees, the relevant fiduciary guarantees cannot be re-registered. The problems examined in this study are, how to carry out the elimination (roya) of Fiduciary Guarantee at PT. Pegadaian Syari'ah Pekanbaru Subrantas Branch and how is the responsibility of PT. Pegadaian Syari'ah Pekanbaru Subrantas Branch (creditor) to the debtor in terms of the removal (roya) of fiduciary collateral.
The type of research that the author uses is juridical sociological research approach that emphasizes the legal aspects related to the subject matter to be discussed, related to the reality that occurs in the field. In this case the authors conducted research at PT. Pegadaian Syariah Subrantas Pekanbaru Branch. The data used consists of primary data and secondary data. Technical data were collected by field studies (interviews and questions and literature studies). Then analyzed qualitatively and make conclusions with deductive thinking methods.
From the results of this study it can be concluded that there are two points that can be concluded. First, that the implementation of the obligation to delete (roya) Fiduciary Guarantee at PT. Pegadaian Syari'ah Pekanbaru Subrantas Branch has not been in accordance with applicable laws and government regulations. Second, that the responsibilities that PT. Sharia Pawnshop Subrantas Pekanbaru Branch against debtors in the event of a problem in the future, namely the pawnshop in good faith will eradicate (roya) the fiduciary guarantee of the debtor by attaching their KTP, proof of payment and BPKB. The author's advice, first, PT. Pegadaian Syari'ah Pekanbaru Subrantas Branch carries out its obligations towards the removal (roya) of the Fiduciary Guarantee as mandated in the law and implementing regulations. Second, PT. Pegadaian Syariah Branch of Pekanbaru Subrantas carries out its responsibilities in abolishing (Roya) fiduciary guarantees so that the debtor's fiduciary object is free from debt collateral so that they can take legal action again on the object.



Keywords: Fiduciary Collateral, Elimination (Roya) Fiduciary Collateral.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

09 04. 119 (0189)

Penerbit

Pekanbaru : Universitas Riau – Fakultas Hukum – Hukum Pidana., 2019

Deskripsi Fisik

vi, 71 hlm.; ill.; 29 cm

Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

09 04. 119 (0189)

Tipe Isi

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Tipe Media

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Tipe Pembawa

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Edisi

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Subjek

HUKUM PERDATA

Info Detail Spesifik

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Pernyataan Tanggungjawab

DAUS

Versi lain/terkait

Lampiran Berkas

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