BENTUK PENYELESAIAN YANG DILAKUKAN OLEH BPR MADANIudSEJAHTERA ABADI TERHADAP BENDA JAMINAN FIDUSIA YANGudDIGADAIKAN OLEH DEBITUR KEPADA PIHAK LAIN

摘要

This law writing studies and concentrates about settlement forms which isudcarried out by BPR Madani Sejahtera Abadi toward property of fiduciaryudguarantee pawned by debtor to another party. This research method usesudempirical law writing method which focuses on society behavior (law in action),udand the research needs primary data as main data besides secondary data (lawudsubstance). In article 23 section 2 Fiducia Act No. 42/1999 mentioned that fiduciaudgiver is forbidden switching, pawning, or renting out to another party propertyudwhich become fiduciary guarantee object which is not reservation property,udunless by writing permission before to fiduciary receiver. Therefore, fiduciaryudgiver (debtor) is forbidden to switch or pawn fiduciary guarantee propertyudwhatever the substance is. BPR Madani Sejahtera Abadi is one of BPR exists inudYogyakarta provides credit for society and where many credit agreements withinudfiduciary guarantee exists. Nevertheless, from the all of credit agreement withinudfiduciary guarantee, there’s a few of debtor pawn the property which becomesudobject of fiducia guarantee. Those cases, definitely, have opposed the regulationudin article 23 section 2 Fiducia Act No. 42/1999 and the content of creditudagreement written by the parties. Settelement forms which are carried out by BPRudMadani Sejahtera Abadi such as by doing oral reprimand, writing reprimand, andudlitigation as the final settlement.