Problematika Hak Eksekutorial Jaminan Fidusia: Perspektif Kepentingan Debitur

A common problem in the enforcement of fiduciary guarantees is the seizure of collateral that violates consumer rights. Creditors often seize collateral without taking into account consumer rights protected by law. This can lead to disputes between the creditor and the debtor. The purpose of this research is to analyze the problems of fiduciary enforcement rights from the perspective of debtors' interests. The research method used is Normative Juridical Research with the type of library research. Debtors must check the credit agreement more carefully, in particular the clause "voluntary execution of the agreement"; if the clause is absent, the execution cannot be carried out unilaterally without any legal remedy declaring the debtor in default.

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Publication Details

Journal
Bacarita Law Journal
Published
2024-08-31
DOI
https://doi.org/10.30598/bacarita.v5i1.14764
Primary Topic
Legal Studies and Policies
Type
article
Field-Weighted Citation Impact
0.00
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article

Problematika Hak Eksekutorial Jaminan Fidusia: Perspektif Kepentingan Debitur

Wijaya Natalia Panjaitan
Bacarita Law Journal
Legal Studies and Policies
article

Problematika Hak Eksekutorial Jaminan Fidusia: Perspektif Kepentingan Debitur

Wijaya Natalia Panjaitan
article en

Abstract

A common problem in the enforcement of fiduciary guarantees is the seizure of collateral that violates consumer rights. Creditors often seize collateral without taking into account consumer rights protected by law. This can lead to disputes between the creditor and the debtor. The purpose of this research is to analyze the problems of fiduciary enforcement rights from the perspective of debtors' interests. The research method used is Normative Juridical Research with the type of library research. Debtors must check the credit agreement more carefully, in particular the clause "voluntary execution of the agreement"; if the clause is absent, the execution cannot be carried out unilaterally without any legal remedy declaring the debtor in default.

Bacarita Law JournalVol. 5(1)
University of Pattimura (ID)
Peace, Justice and strong institutions
Openalex Percentile: Top 54%
Legal Studies and Policies
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