CD Tesis
Analisis Hukum Terhadap Objek Jaminan Fidusia Musnah Karena Hilang Apabila Objek Jaminan Ditemukan Kembali (Kajian Terhadap Objek Jaminan Yang Ditemukan Kembali Oleh Pihak Ketiga)
Article 1 Sub-Article 2 of Law Number 42 Year 1999 stating that fiduciary guarantee is a right of guarantee for tangible and intangible mobile objects and movable objects which can not be burdened with dependent rights as regulated in Law Number 4 of 1996 on the Right of Dependent which remain in the control of the fiduciary giver, as collateral for the repayment of certain debts which gives the fiduciary recipients a priority position to the other creditor.
The purpose of this research is to find out what is the legal basis for the legality of the usefulness of collateral goods or collectibles. To find out who is entitled to fiduciary goods or items previously lost and then rediscovered. The type of research used is normative legal research that is literature law research, because it makes library material as the main pedestal. Normative law research types include legal principles, and legal synchronization. In normative legal research the data source is secondary data. As for the source of data is the entire legislation that regulates the fiduciary assurance related to the discussion of this study.
The legal status of a fiduciary security object seized by the state is a guaranteed item of a droit de suite nature. With the nature of droit de suite then the party financing company can actually execute the existing collateral in the hands of the country.
The Government is encouraged to revise regulations or laws relating to the storage and management of confiscated objects or evidence related to Fiduciary Guarantee in order for the rules for their authority to be more clear. Confiscated items of Fiduciary Assurance as evidence according to their management which is inseparable from the process itself, the status of the evidence is essentially no different from the status of a suspect as long as there is no decision that has a definite legal force, then confiscated objects are still theirs who are in litigation. So that confiscated items or evidence must be protected against both damage and unauthorized use.
Keywords: Fiduciary Guarantee, Evidence, Financing Institution.
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