Ideal Legal Concept of Fidusia Guarantee Registration Obligations by Justice-Based Financing Companies

Abstract

In lending and borrowing activities, there are legal products used by the community in the form of guaranteeing goods to obtain financing. This is where fiduciary security is present to meet legal needs in guaranteeing lending and borrowing activities. This study aims to (1) review and analyze the implementation of Fiduciary registration obligations by finance companies based on Law Number 42 year 1999 concerning Fiduciary Guarantees (hereinafter referred to as UUJF), (2) review and analyze law enforcement in finance companies that do not register guarantees and formulate the ideal legal concept of justice-based fiduciary registration obligations. This study used research on normative law which includes legal principles, legal systematics, legal synchronization, and legal history. The findings in this study are first, the implementation of Fiduciary registration obligations by finance companies, are not obeyed or ignored by finance companies, because UUJF does not regulate legal sanctions. Second, law enforcement in finance companies that do not register guarantees is not optimal, synchronization and disharmony occur in the UUJF with the Regulation of the Minister of Finance Number 130/PMK.010/2012, the provisions of UUJF have no forced efforts in terms of law enforcement of the obligations of finance companies to register fiduciary guarantees. Third, the ideal legal concept is the obligation to register fiduciary collateral based on justice through institutional reconstruction, structure and legal culture.