ANALYSIS REGARDING THE TRANSFER OF FIDUCIARY GUARANTEES TO THIRD PARTIES UNDER ARTICLE 35 AND 36 LAW NUMBER 42 OF 1999 CONCERNING FIDUCIARY GUARANTEES

Abstract

Fiduciary guarantee is the transfer of title to an object based on a trust, provided that the title remains under the control of the owner of the object. In the practice of providing credit, there is a possibility of legal problems because the object of fiduciary guarantee remains in the hands of bank customers (debtors). This study analyzes the transfer of fiduciaries to third parties based on articles 35 and 36 of Law Number 42 of 1999 concerning Fiduciary Guarantee.

The research method used is the normative juridical method, which uses laws and judges' decisions as well as applicable legal methods and uses a qualitative approach by explaining existing data in words or statements.

Legal protection for creditors from the criminal act of transferring fiduciary collateral objects to third parties is provided by the Fiduciary Guarantee Act if the creditor (fiduciary beneficiary) obtains a fiduciary guarantee certificate, so that it has executory power over the fiduciary guarantee object. Some decisions of the Supreme Court Judges show that the Judge ruled that the criminal act of transferring the object of fiduciary guarantee was caused by forgery, alteration, omission or misleading giving of information, which if known to one person, the parties would not give rise to a Fiduciary Guarantee agreement as stipulated in Article 35 of the Fiduciary Guarantee Act and the transfer, mortgage, or rental of objects that are the object of Fiduciary Guarantee as referred to in Article 23 paragraph (2) which is carried out without consent.