Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)

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Problems of the Execution of Fiduciary Guarantee Goods Which Unregistered by Finance Institutions

Authors
Wasis1, Isdian Anggraeny2, *, Fahmil Ulum3, Fitria Esfandiari4, Dwi Ratna Indri Hapsari5, Isdiyana Kusuma Ayu6
1,2,3,4,5Law Faculty (University of Muhammadiyah Malang), Malang, Indonesia
6Law Faculty, (University of Islam Malang), Malang, Indonesia
*Corresponding E-mail: isdian@umm.ac.id
Corresponding Author
Isdian Anggraeny
Available Online 22 November 2021.
DOI
10.2991/assehr.k.211102.175How to use a DOI?
Keywords
Fiduciary Security Registration; Finance Institution; Collateral Goods; Execution Procedure
Abstract

The COVID-19 pandemic that has hit this country has had a major impact on the economic sector in Indonesia. This is due to the large number of employee reductions / layoffs and increased prices for several commodities. Which resulted in human resources in Indonesia being short of work and looking for other ways to get capital, namely by entering into a debt agreement with fiduciary guarantees. and this article aims to analyze the problems of financial institutions (creditors) that cause fiduciary collateral objects not to be registered, then analyze the validity of unregistered fiduciary security agreements, and finally find out the procedure for the execution of collateral that is not registered. This study uses the juridical normative method with a statutory and conceptual approach. The result of this research is that the problem with financial institutions not registering is the addition of costs, time efficiency, and conditional execution in the fiduciary guarantee certificate based on the Constitutional Court decision Number 18 / PUU-XVII / 2019. Then regarding the validity of the fiduciary guarantee that is not registered will result in the procedure of executing the collateral.

Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 November 2021
ISBN
10.2991/assehr.k.211102.175
ISSN
2352-5398
DOI
10.2991/assehr.k.211102.175How to use a DOI?
Copyright
© 2021 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
TY  - CONF
AU  - Wasis
AU  - Isdian Anggraeny
AU  - Fahmil Ulum
AU  - Fitria Esfandiari
AU  - Dwi Ratna Indri Hapsari
AU  - Isdiyana Kusuma Ayu
PY  - 2021
DA  - 2021/11/22
TI  - Problems of the Execution of Fiduciary Guarantee Goods Which Unregistered by Finance Institutions
BT  - Proceedings of the 2nd International Conference on Law Reform (INCLAR 2021)
PB  - Atlantis Press
SP  - 98
EP  - 102
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.211102.175
DO  - 10.2991/assehr.k.211102.175
ID  - 2021
ER  -