%0 Thesis
%9 Skripsi
%A Agastya Bisma Prasetyo, NIM.: 21103040067
%B FAKULTAS SYARI’AH DAN HUKUM
%D 2025
%F digilib:74519
%I UIN SUNAN KALIJAGA YOGYAKARTA
%K Perlindungan Hukum, Fidusia, BMT, Kreditur, Debitur
%P 131
%T PERLINDUNGAN HUKUM BAGI KREDITUR ATAS DIALIHKANNYA OBJEK JAMINAN FIDUSIA OLEH DEBITUR (STUDI KASUS DI BMT ARTHA SEJAHTERA DAN BMT BANGUN RAKYAT SEJAHTERA)
%U https://digilib.uin-suka.ac.id/id/eprint/74519/
%X Financing with fiduciary collateral is an essential instrument in the operations of  Islamic microfinance institutions (BMT). However, in practice, problems often arise  when debtors transfer fiduciary collateral objects to third parties without the  creditor’s consent. Such actions not only violate contractual clauses but also  contravene Article 36 of Law No. 42 of 1999 concerning Fiduciary Security. This  situation creates real losses for BMTs, which must deal not only with defaulting  debtors but also with third parties who feel disadvantaged. Therefore, this research  focuses on examining legal protection for BMTs as creditors and the settlement  mechanisms when fiduciary collateral is unlawfully transferred by debtors.  This study employs an empirical juridical approach with a descriptiveanalytical  nature. Primary data were obtained through interviews with BMT  officials, while secondary data were collected from literature, journals, books, and  relevant legislation. The research applies Moch. Isnaeni’s theory of legal  protection, which distinguishes between internal legal protection—realized through  contractual clauses—and external legal protection—ensured by statutory  provisions and legal institutions. Within this framework, the analysis centers on  how contractual clauses safeguard creditors and what legal measures are taken  when violations occur.  The findings indicate that internal legal protection for BMTs is embodied in  clauses regarding repayment obligations, the submission of vehicle registration  certificates (BPKB) as collateral, and provisions concerning default and dispute  resolution. Meanwhile, external legal protection is realized through breach of  contract lawsuits in court and the application of the Fiduciary Security Law as a  legal foundation. Field cases reveal that settlements are often achieved through  deliberation facilitated by BMTs, even when involving third parties who purchased  collateral without legal ownership documents. Although such resolutions do not  always fully restore the creditor’s rights, they effectively minimize conflicts and  uphold justice in line with Islamic principles. Thus, the combination of internal and  external protections is crucial to safeguarding BMT interests while balancing the  rights of debtors and third parties.
%Z Faisal Luqman Hakim, S.H., M.Hum.