The Meaning of Indigenous Rights in Fidusian Guarantee in the Perspective of Law Number 42 of 1999 Concerning Fidusian Guarantee

Abstract

The purpose of this article is to discuss the meaning of material rights in fiduciary security in the perspective of Law Number 42 of 1999 concerning Fiduciary Security. The research method used is document review with the Statute Approach approach to fiduciary legislation as primary legal material, as well as various secondary legal materials such as the results of fiduciary scientific studies and literature reference materials about fiduciary. The analysis used is Content Analysis of articles related to fiduciary law. The results showed that the meaning of property rights in nature is always attached to the owner. On the other hand, according to customary law, the meaning of property rights is essentially communal/collective (family/community) as the basis for their rights, both for movable or immovable objects in their possession. Essentially fiduciary property rights are handed over from the debtor's hands to the creditor, with a belief that the property rights will be handed over again if the debtor has paid off his debts, but in the process of surrender, control and his debts often cause legal problems, even though the Fiduciary Guarantee Institute has been formed. The conclusion that the meaning of material rights in fiduciary security lies in the matter of 'Delivery' and 'Mastery' of the items guaranteed.

Implication Juridical Decision of The Constitutional Court No. 18/PUU-XVII/2019 Concerning Wanprestasi In the Fiducia Agreement

“…Over time, many problems have arisen in the execution of fiduciary guarantees in Indonesia. 5 In this case, the development of guarantees in Indonesia, fiduciary security, is experiencing speedy growth. The factor is the high demand of the community.…”

“…Resty Femi Lombogia, "Perkembangan Lembaga Jaminan Fidusia Di Indonesia," Lex Privatum 1, no. 4 (2013): 5-12 5. Hendro Guntoro, "Permasalahan Dalam Eksekusi Jaminan Fidusia," www.kompasiana.com, 2020, https://www.kompasiana.com/hendroguntoro/5acb8ab55e13733bc01681f3/permasalahan-dalam-eksekusi-jaminan-fidusia-dan-solusinya 6.…”