Kekuatan Eksekutorial Perjanjian Pengikatan Jaminan Fidusia

Abstract

Fiduciary guarantees are currently widely used in debt-receivable activities because the process of correcting is simple, easy, fast and gives permission for fiduciary givers to keep control of the object of the fiduciary guarantee. In ensuring the interests of fiduciary recipients, the Fiduciary Guarantee Act provides legal certainty by requiring the creation of an authentic Fiduciary Act and registering for the issuance of a fiduciary certificate. This is intended to facilitate the creditor in carrying out executions if the debtor wanprestasi. But in fact, there are many fiduciary guarantee binding agreements that mean the agreement is not done as stipulated in the Fiduciary Guarantee Act. The research method in this paper is to use Normative Juridical using primary and secondary legal materials. Both legal materials are inventoried to weaken legal analysts who are perspective. This study aims to analyze the binding power of fiduciary guarantee binding and the executory power of fiduciary guarantee binding agreements The results showed that the binding power of fiduciary guarantee binding is only binding for the parties concerned based on the principle of pacta sunt servanda, and the fiduciary guarantee binding agreement does not have the executive power as the fiduciary certificate so that the execution must be through a lawsuit in court to obtain permanent legal force (inkracht).