CD Skripsi
Penerapan Itikad Baik Dalam Pelaksanaan Eksekusi Objek Jaminan Fidusia Berdasarkan Perjanjian Pembiayaan Pt. Toyota Astra Financial Services Dengan Debitor
In the financing agreement, of course, there is an object Fiduciary guarantees agreed between creditors and debtors. In financing agreements must be based on the principle of good faith. However, not all goes well, there are factors that make it The debtor does not carry out his performance. So there is often execution Object of the fiduciary guarantee. Execution of fiduciary guarantees Regulated in the Constitutional Court Decision Number 18/PUU-XVII/2019 which brings Changes regarding the procedures for executing fiduciary guarantee objects. However, in practice, not all financing agreements work Properly, one of which is about the implementation of the execution of the guarantee object Fiduciary between the creditor of PT Toyota Astra Financial Services and the Debtor Marpinus Tanjung where the creditor executes the object of collateral in an arbitrary manner Unilaterally and use the services of debt collectors who do not comply with the rules Law and the principle of good faith. The type of research used is Empirical or sociological legal research. With collection techniques Data namely observation, interviews and literature review. From the results Research problem there are two main things that can be concluded. First In executing the fiduciary guarantee object in the agreement Financing leasing creditors do not show good faith with Statement of default unilaterally and the creditor also executes Collateral object unilaterally without any agreement on injury Promises, creditors also carry out executions using the services of debt collectors Who do not apply the principle of good faith. Both efforts must be made Creditor to comply with the execution procedure based on the agreement financing. Creditors must comply with applicable laws Namely regarding the procedure for carrying out the execution in accordance with the decision of the Constitutional Cour 18/PUU-XVII/2019 and may not carry out executions outside the yard (public area).
Keywords: Good Faith-Execution-Fiduciary Guarantee.
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