RECONSTRUCTION OF LAWS AND REGULATIONS ON CREDITORS' RIGHTS IN THE EXECUTION OF FIDUCIARY COLLATERAL - (REVIEW OF ARTICLE 15 OF LAW NO. 42 OF 1999 CONCERNING FIDUCIARY GUARANTEE)
The purpose of this study is to analyze: 1) What is the creditor's right to execute fiduciary collateral? 2) How does the crime of embezzlement of fiduciary security occur and what are the legal sanctions? 3) How is the reconstruction of creditors' rights in the execution of collateral in the Fiduciary Guarantee Act?. The research method used is empirical juridical with a statutory approach, concept approach, and case studies. The results showed that: 1) When the debtor defaults, the creditor can seek compensation to the debtor through the execution of fiduciary guarantees. Default here can be in the form of the debtor's failure to fulfill his repayment obligations when the debt is ripe for collection, or not fulfilled promises to be promised, both in the principal agreement and guarantee agreement, even though the debt itself at that time is not yet ripe for collection. In such an event, the creditor (fiduciary recipient) can execute the fiduciary collateral. If the debtor and fiduciary are two different people, the debtor's default of course there is a principal agreement, while the fiduciary promises to the guarantee agreement. In this position, the position of the Fiduciary Act lays down certain obligations for fiduciaries.2) The criminal act of embezzlement is a criminal offense against objects that cause material harm to the victim, the crime of embezzlement comes from the trust given but misused due to low honesty. The criminal act of embezzlement is regulated in Article 372 of the Penal Code, and Article 36 Jo. Article 23 paragraph (2) of RI Law No. 42 of 1999 concerning fiduciary guarantees. 3) The execution of fiduciary guarantees is regulated in articles 29 to 34 of Law Number 42 of 1999 concerning Fiduciary Guarantees. Where execution has the meaning of carrying out a court decision, the purpose of which is none other than the execution of fiduciary guarantees is regulated in articles 29 to 34 of Law Number 42 of 1999 concerning Fiduciary Guarantees.
Reconstruction, Regulation, Legislation, Creditor Rights, Execution of Goods, Fiduciary Guarantee.