Legal Protection for Creditors Against the Destruction of Fiduciary Guarantee (Case Study: Decision Number 26/PDT.GS/2020/PN.RAP)

DOI

10.2991/assehr.k.220404.216How to use a DOI?

Keywords

Creditors; Legal Protection; The Destruction of Fiduciary Guarantees

Abstract

This study aims to determine how the legal protection for creditors or banks with the destruction of the object of fiduciary security that occurs through the decision of the District Court Number: 26/Pdt.GS/2020/PN Rap. This research is a descriptive research, with the aim of providing as complete data as possible regarding the process of resolving cases through the district court and also what the judges consider in making decisions through the decision of the District Court Number: 26/Pdt.GS/2020/PN Rap between the plaintiff and the defendant. The types of data used are primary data and secondary data. Sources of data used include primary and secondary data. Primary data were obtained from the Civil Code Law Number 42 of 1999 concerning Fiduciary Guarantees and several laws and regulations that apply in Indonesia and are connected with the research to be studied. while secondary data is obtained from documents, literature, and interviews which aim to support primary data. The data collection technique used is literature study. Interview with PT Dipo Star Finance Bekasi Branch. The approach used in this research is the statute approach, the case approach and the conceptual approach. The data analysis technique uses qualitative descriptive techniques. in a theoretical basis then presented in detail and structured to complete this paper. Based on the results of research and discussion, conclusions are generated. The first is regarding the legal protection of bank creditors related to the destruction of the object of fiduciary guarantees is the existence of preventive legal protection, repressive legal protection and the basic principles of law that apply to fiduciary guarantees. The second is regarding the judge’s consideration in the District Court Decision Number: 26/Pdt.GS/2020/PN Rap where several things that are considered by the judge in the trial are taken juridically which contain the plaintiff’s lawsuit, the defendant’s statement, evidence and articles that support the act of default, then there are non-juridical factors that take the background of the defendant, as a result of the defendant’s actions. and the defendant’s condition.

Copyright

© 2022 The Authors. Published by Atlantis Press SARL.

Open Access

This is an open access article distributed under the CC BY-NC 4.0 license.

Download article (PDF)

TY  - CONF
AU  - Mario Josua Runtulalo
AU  - Hanafi Tanawijaya
PY  - 2022
DA  - 2022/04/21
TI  - Legal Protection for Creditors Against the Destruction of Fiduciary Guarantee (Case Study: Decision Number 26/PDT.GS/2020/PN.RAP)
BT  - Proceedings of the 3rd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2021)
PB  - Atlantis Press
SP  - 1349
EP  - 1355
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220404.216
DO  - 10.2991/assehr.k.220404.216
ID  - Runtulalo2022
ER  -