REFORMULATION OF FIDUCIARY GUARANTEE EXECUTION ARRANGEMENTS AS A LEGAL PROTECTION EFFORT FOR CREDITORS
This study aims to review; 1) How can a legal guarantee against a fiduciary security rights holder against the object of fiduciary security seized by the state be counted as a criminal payment of substitute money through a court decision in a criminal case?; 2) How is the reformulation of fiduciary guarantee execution arrangements as a legal protection measure for creditors?. The research method used is evaluative descriptive research. Evaluative research is basically centered on final recommendations that affirm that an object of evaluation can be maintained, improved, improved or even dismissed in line with the data obtained. The results showed that; 1 The recipient of fiduciary security is protected by law, even if the object that is the collateral for his receivables is seized for the state as payment of money in lieu of corruption because the object used as fiduciary security comes from a criminal act of corruption committed by the fiduciary guarantor. 2) In line with the principle of providing legal certainty, the Fiduciary Guarantee Act takes the principle of registration of fiduciary guarantees. The registration is expected to provide legal certainty to fiduciary guarantors (debtors) and fiduciary guarantee recipients (creditors), as well as to third parties concerned. Fiduciary guarantee is a form of engagement between creditors and debtors arising from the agreement.
Reformulation of Execution Arrangements, Fiduciary Assurance, Legal Protection Measures, Creditors.