Kajian Yuridis Eksekusi Obyek Jaminan Fidusia yang Dialihkan Kepada Pihak Ketiga

Abstract

One of the government policy in development equalization and economic growth is giving credit.In order to ensure the return debts of debtors, a creditor need a guaranteed, one of the guarantee used is fiduciary. The Purpose of this research are to study about object fiduciary as the guarantee credit which transferred to third party and the execution fiduciary that reverts to a third party.The writing of this approach using a method of juridical normative, so that it can be conclude if the object of the fiduciary turns be transferred to third party without the knowledge of a creditor, while debitor and third party admit it, a creditor based on fiduciary certificate can give somasi that next had forcibly resources to pull the object of guarantee, if debitor not admitting and not shows guarantee that the object had been sold or transferred to other parties, So in this case creditors take action field verification and inspection guarantee.Execution by titel eksekutorial creditor execute through direct auction of objects common fiduciary without through the courts.Under the hand sales were based on the agreement between the giver and recipients of the fiduciary