EXECUTIVE IMPLEMENTATION BY DEBT COLLECTOR AGAINST FIDUSIAN OBJECT GUARANTEE
AbstractMulti - finance institutions in Indonesia are better if the indicator is the number of consumer finance in Indonesia in the last few years. The growth of consumer financing can be seen from all the convenience given by the multi finance. The factor that dominates the forced withdrawal of Fiduciary Guarantee is the existence of problem loans. This problem is al most certainly experienced by any consumer financing institution. The problems discussed in this research are about how the implementation of execution of fiduciary guarantee in the settlement credit toward four wheels (car) The formulation of problems related to with the withdrawal of vehicles accompanied by violence that is: How about the collection of arrangement or confiscation of a motor vehicle that carried out by debt collector against a debtor non-performing loans, Do factors for the act of violence carried out by debt collector, How a settlement effort the act of violence carried out by debt collector in terms of the aspect of criminal law. This research is classified as the kind of research juridical normative , study legislation as criminal code and civil law, Regulation president of the Republic Indonesia No. 9 of 2009 about Funding Institution, the act of No. 42 of 1999 about Fiduciary Security, Minister of Finance Regulation No. 130/PMK.010/2012 about Registration Fiduciary for Financing Company, this research also is study case that is focus self intensively on an object particular and learn that as a case. Arrangement about the collection of vehicles stipulated in a financing with fiduciary security contained in the act of fiduciary security number 42 of 1999 And also minister of finance regulation No 130/PMK. 010/2012
Ali, Moch Chidin, et al. 1993. Definition of Elementary Laws of the Civil Agreement. Bandung: Mandar Forward. Badrulzaman, Mariam Darus. 1980.
Various Business Laws. Bandung: Alumni. ____________________. 1987.
Chapters on Creditverband, Pawn, and Fiducia. Bandung: Alumni. Dimyati, Khudzaifah & Kelik Wardiyono. 2008
Legal Research Methods. Surakarta: Law Faculty of Muhammadiyah University of Surakarta. Fuady, Munir 1995.
Funding Law in Theory and Practice (Leasing, Factoring, Venture Capital, Consumer Financing, Credit Cards). Bandung: Citra Adtya Bakti. Harahap, Yahya. 1986.
Agreement Legal Aspects. Bandung: PT Alumni. HS, Salim. 2004. Development of Guaranteed Law in Indonesia. Jakarta: PT Raja Grafindo Persada. _________. 2009
LAW CONTRACT Theory and Contract Making Techniques. Jakarta: Sinar Grafika. J. Moleong, Lexy. 2006. Qualitative Research Methodology. Bandung: Teenager Rosdakarya Offset. Kamello, Tan. 2004.
The Law of Fiduciary Assurance is a Desired Need. Bandung: P.T Alumni. Kashadi. 2000. Legal Guarantees. Semarang: UNDIP Law Faculty. Meliala, A. Qiram Syamsudin. 1986.
Principles of the Law of the Agreement and Its Development. Yogyakarta: Liberty. Mertokusumo, RM. Soedikno. 1988
Know the Law (An Introduction). Yogyakarta: Liberty. Muhammad, Abdul Khadir. 1986. Agreement Law. Bandung: Alumni. ______________________. 1992
Authors who publish with DiH: Jurnal Ilmu Hukum agree to the following terms:
- Authors transfer the copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution-ShareAlike 4.0 International License.. that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access)