Legal Protection Against Bad Debtor Who is Bound by the Fiduciary Liability Insurance Against Auction Conducted by Creditor in Padang City

Taufiq Hidayat Putra, Busyra Azheri, Dasman Dasman

Abstract


The execution of the fiduciary liability insurance, based on the fiduciary liability insurance certificate, has the executive power that is the same as the court decision that has obtained permanent legal force. The right to execute arises since a default occurs by a debtor whose creditor has the right to sell the object of the fiduciary liability insurance on his own power through auction. The purpose of this study was to find out how the execution process of the fiduciary liability insurance carried out by the company to the bad debtor and the form of legal protection against the bad debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. After the auction is conducted, the author is interested in conducting a research discussing on the forms of legal protection against debtor who is bound by the fiduciary liability insurance after the collateral object is auctioned by the creditor. This research applies empirical juridical method by using primary and secondary data. The results of the study found that legal protection for bad debtor, who is bound by the fiduciary liability insurance after the collateral object is auctioned, is the elimination of fiduciary duties on objects guaranteed by fiduciary liability insurance and the return of the remaining credit obtained from the auction by the creditor to the debtor.


Keywords


Auction; Debtor; Fiduciary Liability Insurance; Legal Protection

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References


Book

Budi Untung, 2000, Banking Loans in Indonesia, Andi, Yogyakarta, page 1

Gunawan Widjaja and Ahmad Yani, 2000, Fiduciary Guarantee, PT Raja Grafindo Persada, Jakarta, page 160.

Gunawan Widjaja and Ahmad Yani, 2007 “Fiduciary Guarantee”, PT Raja Grafindo Persada, Jakarta, page 52.

J. Satrio, “Guaranteed Law, 1991 Material Rights”, Citra Aditya Bakti, Bandung, page 319.

Roony Hanitijo Soemitro, 1988. Legal Research and Jurimetry Methodology, Ghalia Indonesia, Jakarta, page 57

Legislation

Civil Code.

Law No. 42 of 1999 concerning fiduciary guarantees

Indonesian Government Regulation No. 10 of 2015 concerning procedures for fiduciary registration and the cost of making fiduciary guarantee deeds

Law No. 4 of 1996 concerning Mortgage Rights

Law No. 10 of 1998 concerning Amendments to Law No.7 of 1992 concerning Banking.

Law No. 21 of 2011 concerning the Financial Services Authority.

Bank Indonesia Regulation No. 18/21/2016 concerning Amendments to Bank Indonesia Regulation Number 9/14/PBI/2007 concerning the Debtor Information System.

Regulation of the Financial Services Authority No. 1/POJK.07/2013 concerning consumer protection in the financial services sector.

Financial Services Authority Regulation No. 18/POJK.03/2017 about Reporting and Requesting Debtor Information Through the Financial Information Service System.




DOI: http://dx.doi.org/10.18415/ijmmu.v6i3.898

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