CD Skripsi

Perbuatan Melawan Hukum Oleh Kreditur Dalam Eksekusi Objek Jaminan Fidusia Di Pekanbaru

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The Constitutional Court ruling has limited the executory power to Article 15 paragraph (2) of the Fiduciary Guarantee Law. This needs to be a concern for creditors to update the execution procedure for the object of fiduciary guarantee, whether it is appropriate and does not violate the Constitutional Court decision that leads to unlawful acts. This study was conducted to determine the occurrence of unlawful acts by creditors in the implementation of fiduciary guarantee execution, and to determine the application of the Constitutional Court decision Number: 18/PUU-XVII/2019 in the implementation of Fiduciary Guarantee Execution by creditors in Pekanbaru.
This type of research is classified as sociological legal research. In sociological legal research, the sample in this study is the Collector PT. Buana Finance, Tbk, Collector of PT Adira Dinamika Multi Finance, Tbk, Administrator of PT Cakrawala Citramega Multifinance, and Debtor. The data sources are Primary Data through data collection, research instruments with interviews, Secondary Data consisting of primary legal materials, Secondary Legal Materials and Tertiary Legal Materials. The collection of sociological research data with interviews will be analyzed qualitatively. In drawing conclusions, the author uses the deductive thinking method, which is a way of thinking that draws conclusions from a statement or proposition that is general in nature into a statement that is specific.
Based on the results of the study, it can be understood that: First, the act of the creditor continuing to withdraw the fiduciary guarantee object even though the debtor objects voluntarily to surrender the object that is the fiduciary guarantee and forcing the debtor to sign the minutes of execution of the collateral object is an unlawful act contrary to the Constitutional Court Decision Number 18/PUU-XVII/2019. Second, the application of the Constitutional Court Decision Number: 18 / PUU-XVII / 2019 in the implementation of the Execution of Fiduciary Guarantees by creditors in Pekanbaru there are still violations committed by creditors, in its implementation creditors in Pekanbaru continue to execute fiduciary guarantees without submitting an execution application to the District Court even though the debtor objects to voluntarily surrendering the object of guarantee.

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Ketersediaan

Informasi Detail

Judul Seri

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No. Panggil

1709114844

Penerbit

Pekanbaru : Universitas Riau - F. Hukum - Hukum Perdata., 2024

Deskripsi Fisik

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Bahasa

Indonesia

ISBN/ISSN

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Klasifikasi

1709114844

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

Vina

Versi lain/terkait

Lampiran Berkas

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