Perlindungan hukum bagi pemegang jaminan fidusia atas objek jaminan fidusia

Legal protection for creditors holding fiduciary security objects may be made when any bank credit agreement is followed by the imposition of a fiduciary guarantee, such security agreement must be made in the form of a notarial deed which is then registered at the fiduciary guarantee office. The registered fiduciary guarantee certificate gives the juridical consequence that the creditor as the preferential creditor having a preferred position other than the creditor other than that the creditor is also covered by the principle of droit de suite and the priority principle. An unauthorized fiduciary certificate carries the legal consequence that the creditor has a concurrent position that is equal to another creditor who does not specifically bind the guarantee. The creditor party (fiduciary recipient) as a result of the fiduciary guarantee agreement has a position on the material right droit de preference means the right of the indebtedness of the recipient of the guarantee to first be granted his / her right to repay the debt derived from the sale of guarantee / execution of the guarantee object as determined by the Law Of Law Number 42 Year 1999 on Fiduciary Guarantee. In the figure of credit agreement with fiduciary guarantee, the fiduciary must be the person who has the authority to do legal action on his property as a debt guarantee. This is a manifestation of collateral for the fiduciary party holding the fiduciary guarantee that there will be no claim from the other party. During the credit agreement with the fiduciary guarantee the debtor shall not refuel or transfer any collateral to a third party. If the debtor wan achievement, the creditor can execute the object of warranty and may sue to the party where or in the hands of whoever it is