Legal Protection of Creditors' Preferences Rights Regarding Fiduciary Security Receivables

This article is entitled legal protection of creditors' preference rights for fiduciary guarantee receivables. This article uses a normative legal research type with a research approach . statute approach , namely a legislative approach carried out by identifying legal issues and discuss applicable laws and regulations, in relation to the material discussed . The state through laws and regulations provides legal protection for recipients of guarantees for goods legally in the transfer of rights to goods, one of which is fiduciary guarantees. This guarantee positions the recipient of the guarantee as having special rights, namely being given the first opportunity in terms of making payments if the borrower experiences default or bankruptcy . The recipient of fiduciary guarantees legally according to the Fiduciary Law can sell goods that have been placed as fiduciary guarantees, if the creditor or borrower cannot fulfill their obligations in the loan agreement. This execution is guaranteed in Article 15 paragraph (2) of the Fiduciary Law, through an execution mechanism with a court ruling

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Publication Details

Journal
Journal of Law Politic and Humanities
Published
2024-11-28
DOI
https://doi.org/10.38035/jlph.v5i1.874
Primary Topic
Corporate Governance and Law
Type
article
Field-Weighted Citation Impact
0.00
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article

Legal Protection of Creditors' Preferences Rights Regarding Fiduciary Security Receivables

Ariawan Gunadi, Muhammad Awal Alishakur
Journal of Law Politic and Humanities
Corporate Governance and Law
article

Legal Protection of Creditors' Preferences Rights Regarding Fiduciary Security Receivables

Ariawan Gunadi, Muhammad Awal Alishakur
article en

Abstract

This article is entitled legal protection of creditors' preference rights for fiduciary guarantee receivables. This article uses a normative legal research type with a research approach . statute approach , namely a legislative approach carried out by identifying legal issues and discuss applicable laws and regulations, in relation to the material discussed . The state through laws and regulations provides legal protection for recipients of guarantees for goods legally in the transfer of rights to goods, one of which is fiduciary guarantees. This guarantee positions the recipient of the guarantee as having special rights, namely being given the first opportunity in terms of making payments if the borrower experiences default or bankruptcy . The recipient of fiduciary guarantees legally according to the Fiduciary Law can sell goods that have been placed as fiduciary guarantees, if the creditor or borrower cannot fulfill their obligations in the loan agreement. This execution is guaranteed in Article 15 paragraph (2) of the Fiduciary Law, through an execution mechanism with a court ruling

Journal of Law Politic and HumanitiesVol. 5(1)
Tarumanagara University (ID)
Openalex Percentile: Top 55%
Corporate Governance and Law
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