Implikasi Hukum Tidak Dilakukannya Roya Jaminan Fidusia oleh Pihak Kreditur (Riset pada PT Verena Multi Finance Kota Medan)

Abstract

The obstacle in the elimination of fiduciary guarantees that often occurs is from the large number of fiduciary guarantee registrants but there are still few who carry out the elimination of fiduciary guarantees such as that there is still a lack of public awareness of the importance of the elimination of fiduciary guarantees, which will be a problem in the future when the guarantees that have been registered fiduciary guarantees, and of course there will be various losses for debtors who have the object of the guarantee. Sanctions are a weak point that needs to be applied both in Law Number 42 of 1999 concerning Fiduciary Guarantees and its implementing regulations relating to fiduciary fees. The problem in this study is what is the obstacle for the creditor not to do fiduciary roya at the time of the debtor's debt repayment, how is the legal protection to the debtor if the creditor does not carry out a fiduciary guarantee roya and how the legal implications of not doing fiduciary roya at PT Verena Multi Finance Medan City. The writing of this thesis uses a normative type of juridical legal research research. The nature of research in this thesis is descriptive, namely: "research that describes, examines, and explains and analyzes a legal regulation. The techniques used in this study are library research and from field research. Library reseacrh is carried out by examining library materials related to the main topic of this study. The data collection tool is with document studies and interview guidelines. The results of the study showed that the constraints of creditors in carrying out fiduciary guarantees are obstacles to the elimination system and the constraints of legal arrangements. Legal protection to the debtor if the creditor does not perform the fiduciary guarantee is mentioned in Article 25 paragraph (3) of the Fiduciary Guarantee Law that upon the removal of the fiduciary guarantee the fiduciary beneficiary notifies the Fiduciary Registration Office of the removal of the fiduciary guarantee by attaching a statement regarding the write-off of the debt. Referring to Article 1 number 6 of the Fiduciary Guarantee Law which states that a fiduciary beneficiary is an individual or corporation that has receivables whose payments are guaranteed by fiduciary guarantees. The legal implication of not doing a fiduciary roya at PT Verena Multi Finance Kota Medan is that the object of fiduciary guarantee that has not been secured, cannot be used as collateral". If the object of the guarantee is to be re-pledged as an object of fiduciary guarantee then the object must first be pledged.