Legal Analysis Of The Legal Position Of The Function Of Fiduciary Guarantee In Credit Agreements According To Law Number 42 Of 1999 Concerning Fiduciary Guarantee

Abstract

With the existence of Law No. 42 of 1999 concerning Fiduciary Guarantees, when there is a credit agreement for fiduciary guarantees, the fiduciary guarantee must be registered online on the AHU online site by authorized officials. The uncertainty and ineffectiveness of the implementation of fiduciary guarantees in the practice of credit agreements, there are fiduciary guarantees which in practice the relevant party has not or does not register the fiduciary after the agreement agreement, then it cannot be unilaterally controlled or transferred the object of the guarantee and if the creditor has registered the fiduciary guarantee, there will be legal certainty for the parties. because of this, this paper aims to analyze the position of the Fiduciary guarantee function in credit agreements for legal certainty for creditors and debtors and to find out the legal consequences that occur if the Fiduciary guarantee credit agreement is not registered in accordance with the provisions of Law No. 42 of 1999 concerning Fiduciary Guarantees. The method used in this study is normative juridical legal research with a statutory approach and a case approach. Fiduciary Guarantees are a complement to the core agreement or credit agreement and become legal protection for both parties, both creditors and debtors.