Legal Spirit (Nov 2024)
Perjanjian Jaminan Fidusia: Perlindungan Hukum Bagi Yang Dinyatakan Pailit
Abstract
Legal relationships in social life give rise to rights and obligations, one of which is a fiduciary guarantee agreement. The existence of collateral or collateral in the case of granting credit is considered an important part. The existence of a guarantee is an effort to reduce the greater risk of providing credit. Fiduciary guarantees are given by debtors to creditors to repay their debts by transferring ownership rights to objects whose registration of ownership rights is still under the authority of the owner of the object. Meanwhile, the creditor will provide credit financing to the collateral provider. Problems will arise if in its application the creditor financing institution is declared bankrupt. A debtor needs to pay attention to whether the financing institution is facing legal problems, such as being threatened with bankruptcy. What is meant by a state of bankruptcy is that a financing institution is a creditor in a debt and receivable agreement but is a debtor in another agreement. If at any time the creditor becomes bankrupt, then all of the creditor's assets will be included in the bankruptcy case. In fact, there are still many cases involving accountability for the guarantees given, and the return process experiences delays, one of which is the PT case. Arjuna Finance which was declared bankrupt, whose customers felt difficulties because they had not received the objects which at that time were used as collateral. The method used in this research is normative juridical which is based on statutory regulations, legal theory, and expert opinion. The results of this research show that there is legal protection for debtors if the creditor is declared bankrupt in a fiduciary agreement as well as the legal consequences if the creditor is declared bankrupt.
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