PERLINDUNGAN HUKUM TERHADAP PENERIMA JAMINAN FIDUSIA DALAM HAL SENGKETA OBJEK JAMINAN
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Institusion
Universitas Pembangunan Nasional Veteran Jakarta
Author
Niken Sarah Dayanti, .
Subject
K Law (General)
Datestamp
2021-10-25 06:09:30
Abstract :
This thesis addressed the issue to examine the legal responsibility of the Collateral Manager as the object fiduciary administrator and how the legal protection effort to the fiduciary recipient is based on the principle of lex specialist derogate lex generalist. This writing is motivated by non-performance of contract settlement as well as acts against the law from the importer to the exporter in an international trade relationship based on credit facilities. The results of the research, the responsibility of the Collateral Manager in conduct of transferred objects should be referred to the mechanism for exercising power based on the principles of Good Corporate Governance through the Collateral Management Agreement. This is to depreciate the risk, in order to the objects cannot be transferred by another party as a Fiduciary. Legal fiduciary recipient has accounts receivable on an object can obtain executorial rights protected by the Law on Fiduciary which is equal as court decisions that has permanent legal force. This research is used normative juridical, through statutory approach and a case approach in the case of the Supreme Court Verdict Number 2239 K/Pdt/2014. Conclusion is based on the principle of lex posterior derogate lex priori, the Judicial Review Verdict Number 997/PK/Pdt/2018 provides permanent legal force and certainty of the executorial rights of the fiduciary recipient over the object of collateral which is still a dispute between the importer and the exporter. Keywords: Good Corporate Governance, Legal Protection, Fiduciary
This thesis addressed the issue to examine the legal responsibility of the Collateral Manager as the object fiduciary administrator and how the legal protection effort to the fiduciary recipient is based on the principle of lex specialist derogate lex generalist. This writing is motivated by non-performance of contract settlement as well as acts against the law from the importer to the exporter in an international trade relationship based on credit facilities. The results of the research, the responsibility of the Collateral Manager in conduct of transferred objects should be referred to the mechanism for exercising power based on the principles of Good Corporate Governance through the Collateral Management Agreement. This is to depreciate the risk, in order to the objects cannot be transferred by another party as a Fiduciary. Legal fiduciary recipient has accounts receivable on an object can obtain executorial rights protected by the Law on Fiduciary which is equal as court decisions that has permanent legal force. This research is used normative juridical, through statutory approach and a case approach in the case of the Supreme Court Verdict Number 2239 K/Pdt/2014. Conclusion is based on the principle of lex posterior derogate lex priori, the Judicial Review Verdict Number 997/PK/Pdt/2018 provides permanent legal force and certainty of the executorial rights of the fiduciary recipient over the object of collateral which is still a dispute between the importer and the exporter. Keywords: Good Corporate Governance, Legal Protection, Fiduciary
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