KAJIAN YURIDIS PERLINDUNGAN HUKUM TERHADAP PEMBERI FIDUSIA ATAS DIJAMINKANNYA OBYEK FIDUSIA OLEH PENERIMA FIDUSIA TERHADAP PIHAK LAIN DALAM PERJANJIAN PENJAMINAN

摘要

Indonesian Law Number 42 42 of 1999 about Fiducia assurance was made to set every legal acts which related to the Fiducia assurance. One of the purpose from this law is to give legal protection to every legal subject that involved in an agreement uses Fiducia assurance. As time goes by, some problems related to Fiducia assurance getting larger and law about Fiducia assurance getting doubtful to fulfill the whole purpose of Fiducia assurance making itself. The aims of the study is to find out about how the legal protection of Fiducia Assurance giver of the executable Fiducia’s object by the Fiducia’s recipient to the other parties in the guarantee agreement. This study uses normative legal research. It focuses on the legislation and legal theories related to Fiducia Assurance. The result of this research showed that the legal protection gave by the law towards Fiducia Assurance giver of the executable Fiducia’s object to the Fiducia Assurance recipient towards other parties in a guarantee agreement was a preventive legal protection which written in “Pendakuan” principle and found that the Fiducia Assurance giver still remain fully entitled of the Fiducia’s object. But, “Pendakuan” principle can’t give the legal protection enough because there is subsection 28 of Fiducia’s Law Assurance that can be make a discrepancy between that subsection and the principle. This discrepancy can make the uncertainty for the subject of Fiducia Assurance.