Dinamika Pembebanan Jaminan Fidusia Terkait Dengan Prinsip Spesialitas

Abstract

The principle of specializing fiduciary guarantees in consumer financing agreements is one of the principles that must be fulfilled, in order to provide legal certainty to both fiduciary recipients and fiduciary recipients, particularly regarding the right to ownership of collateral. If the consumer financing agreement is not fulfilled by the principle of specialization, then there is no legal certainty in the agreement. Every object that is burdened with a fiduciary guarantee must be registered at the fiduciary registration office for the birth of the fiduciary guarantee. A new fiduciary guarantee is said to be born if it has been registered so that a fiduciary certificate is issued which has executive power if in the future the debtor defaults. So that the creditor in the settlement of default is not based on a power of attorney but based on a fiduciary certificate which has the same strength as a court decision that has permanent legal force. The methodology used in this study is the normative juridical methodology and the approach used is a conceptual approach and a statutory approach. The thinking framework used is descriptive method in this study. KEYWORDS: Principle, Specialization, Fiduciary