ANALISIS YURIDIS PENGALIHAN OBJEK JAMINAN FIDUSIA KENDARAAN RODA EMPAT AKIBAT WANPRESTASI BERDASARKAN TEORI KEPASTIAN HUKUM

Abstract

One form of guarantee institution that has been used in Indonesia is the Fiduciary Guarantee Institution which was confirmed in Law Number 42 of 1999 concerning Fiduciary Guarantee. In the financing agreement between the creditor and the debtor, in practice, bad credit events often occur or the debtor's inability to pay the installments according to the agreement so that the object of fiduciary security is often transferred. The problem in this study is what is the background and how is the judge's consideration in deciding the case of transferring the object of fiduciary security based on the theory of legal certainty to the decision number 853/Pid.Sus/2019/PN Pbr. The method in this research is normative juridical. The conclusion in this study is that the transfer of the object of fiduciary security occurs because the debtor cannot fulfill so that the transfer of property rights by the debtor to the husband is transferred to a third party without the approval of the creditor and the judge's decision is not appropriate because in terms of possession of the object of fiduciary security by the husband, it is already a a diversion.