The Legal Aspect in Trade of Fidusia Warranty in Indonesia

THE LEGAL ASPECT IN TRADE OF FIDUSIA WARRANTY IN INDONESIA By: Hendra Sukarman, SH., MH. Faculty of Law University of Galuh Ciamis With Council Journal Menarasiswa Email: Journalmenarasiswa@yahoo.com Abstract Based on historical developments, this Fiduciary begins with an agreement based solely on trust. But over time in practice required a legal certainty that can protect the interests of the parties. Fiduciary by word of origin comes from the Roman language fides which means belief. Fidusia is a term that has long been known in the Indonesian language. Similarly, this term is used in Law No. 42 of 1999 on Fiduciary Guarantee. fiduciary institutions, as described by experts is because the provisions of the laws governing the institution (pawn) contain many shortcomings, do not meet the needs of society and can not keep up with the development of our society. The definition of fiduciary is the transfer of ownership of an object on the basis of trust with the provision that objects whose ownership rights are transferred remain in the possession of the object owner. Prior to the enactment of Law Number 42 Year 1999 on Fiduciary Guarantee there are various arrangements regarding fiduciary such as Law Number 16 Year 1985 on Flats has given fiduciary position as a recognized guarantee institution of law. In Article 12 of the Act it is stated that, the flats following the land where the building stands and other objects constituting a unity with the land can be used as collateral for debts with mortgages, if the land is property or HGB and encumbered with fiduciary, if the land is a right of use over state land. Mortgages or fiduciaries may also be levied on the land referred to in paragraph (1) along with the flats to be constructed as collateral for loan repayments which are intended to finance the construction of planned flats on the land concerned and whose granting is gradual in accordance with the implementation the development of the flats. Fiduciary Guaranty is a material assurance of tangible and intangible moving objects in connection with the debts between the debtor and the creditor. Fiduciary security is given by the debtor to the creditor to guarantee the repayment of its debt. Fiduciary security is regulated in Law no. 42 of 1999 on Fiduciary Guarantee. This fiduciary guarantee provides the fiduciary recipient with a priority position to the other creditor. From the definition it is clear to us that Fiduciary is distinguished from Fiduciary Collateral, where Fiduciary is a process of transferring ownership rights and Fiduciary Guarantee is a guarantee given in the fiduciary form. Key words: Trade Law and Fiduciary Guarantee.