Perlindungan hukum bagi debitur dalam perjanjian jaminan fidusia terhadap parate eksekusi yang dilakukan oleh kreditur = Legal protection for debtors in fiduciary guarantee agreements against pirate execution carried out by creditors

Djunaedi, Claressa Samantha (2024) Perlindungan hukum bagi debitur dalam perjanjian jaminan fidusia terhadap parate eksekusi yang dilakukan oleh kreditur = Legal protection for debtors in fiduciary guarantee agreements against pirate execution carried out by creditors. Bachelor thesis, Universitas Pelita Harapan.

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Abstract

A fiduciary guarantee is a special kind of trust-based security that allows the debtor to keep using the guaranteed asset while still being answerable to the creditor. This arrangement strikes a careful balance between protecting the interests of the creditors and permitting economic activity to continue unhindered. The creditor gains the right to seize and auction the asset in order to recoup the amount due if the debtor defaults on their responsibilities or fails to make instalment payments. A crucial ruling by the Constitutional Court, however, has placed severe restrictions on this procedure in an effort to create a fair balance between the rights of the two parties. According to this historic ruling, pirate execution—the creditor's immediate seizure and sale of the asset—can only take place once the debtor voluntarily turns over the asset and both parties have mutually agreed to acknowledge the breach of contract. Such consent promotes fairness by guaranteeing that the procedure stays open and jointly agreed upon. To further uphold procedural integrity, if this agreement is not reached, the creditor must ask the court to step in and start the execution procedure. This research uses an empirical normative research method by combining literature studies and case studies to analyze the suitability of legal norms and their application. In the event that a creditor behaves arbitrarily when performing pirate execution, the harmed debtor has the legal right to sue for illegal actions. This clause is intended to protect the debtor's rights within the larger judicial system and make sure that no one abuses their influence. The requirement for court intervention serves as an essential protection, guaranteeing that the execution procedure is carried out in a fair and just way and avoiding any possible abuse of power by the creditor. By putting these policies in place, the legal system hopes to strike a balance between the accountability and trust dynamics included in fiduciary promises, eventually advancing justice and safeguarding the interests of all parties.
Item Type: Thesis (Bachelor)
Creators:
Creators
NIM
Email
ORCID
Djunaedi, Claressa Samantha
NIM01051210099
claressasamantha@gmail.com
UNSPECIFIED
Contributors:
Contribution
Contributors
NIDN/NIDK
Email
Thesis advisor
Ginting, Jamin
NIDN323107202
jamin.ginting@uph.edu
Uncontrolled Keywords: legal protection; fiduciary; pirate execution.
Subjects: K Law > K Law (General)
Divisions: University Subject > Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Current > Faculty/School - UPH Karawaci > Faculty of Law > Law
Depositing User: CLARESSA SAMANTHA DJUNAEDI
Date Deposited: 22 Jan 2025 03:28
Last Modified: 22 Jan 2025 03:28
URI: http://repository.uph.edu/id/eprint/66595

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