PENYERAHAN MEREK SECARA FIDUSIA UNTUK MENJAMIN PEMBERIAN FASILITAS KREDIT

The law research of �The Delivery of Mark by Fiducia To Secure The Granting of The Loan Facility� is aimed to study the reason of choosing the fiducia form over mark and the execution of fiducia over mark when debtor did not pay the debt to the bank. It is a juridical normative based supported with empiric research by conducting field research. Under the empiric research, it is found that fiducia is chosen by the bank and the debtor as a form of security over mark by mean that the bank wanted to have preference rights over the mark (as a security object) and the debtor shall have the right to use its mark for its daily business activities. The bank in conducting the fidusia security has fulfilled the Fiducia Act number 42 year 1999, by created notarial fiducia deed and registered it to the Fidusia Office. In the beginning the Fiducia Office refused to register the fiducia by reason that there is no regulation stipulating the registration of such fiducia of mark. The refusal should not happenned, since the mark is an object of fiducia and the registration is important to the bank because it will grant the bank the preference rights over the fiducia object. Meanwhile there is fact that there has been any execution of fiducia over mark. Under the Fidusia Act the bank has given several ways to execute fiducia. Due to such several ways, the bank things that it may only use its own effort to sell the fiducia objects, since this way is to be deemed more effective and efficient compare to other ways to execute the fiducia. If there is a successful execution of fidusia over mark, then the new owner of mark shall register such mark ownership transfer to Intelectual Property Office in order to be recognised as the new mark owner under the Mark Act number 15 year 2001