EKSEKUSI OBJEK JAMINAN FIDUSIA TERHADAP DEBITUR WANPRESTASI DI PT PEGADAIAN CABANG WONOSOBO

Silfiyya Durotun Nadzifah, NIM.: 19103040010 (2023) EKSEKUSI OBJEK JAMINAN FIDUSIA TERHADAP DEBITUR WANPRESTASI DI PT PEGADAIAN CABANG WONOSOBO. Skripsi thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

PT Pegadaian Wonosobo Branch is one of the credit institutions that has issued loan products using fiduciary guarantees. Fiduciary guarantees are regulated in Law Number 42 of 1999 concerning Fiduciary Guarantees (hereinafter referred to as UUJF). Article 1 point 2 of the UUJF explains that fiduciary guarantee is a security right over movable and immovable objects, especially buildings that cannot be encumbered by mortgage rights, which remains in the control of the fiduciary, as collateral for the repayment of certain money, which gives priority to the fiduciary against other creditors. Article 11 of the UUJF requires the registration of objects encumbered with Fiduciary Guarantees. However, credit financing below Rp 30,000,000.00 (thirty million rupiah) does not require registering the object of fiduciary guarantee and for credit financing above Rp 30,000,000.00 (thirty million rupiah) it is mandatory to register the object of fiduciary guarantee. In addition, there are problems that must be faced by PT Pegadaian Wonosobo Branch, where the debtor mortgages the object of fiduciary guarantee to another party and makes the object difficult to execute. In connection with this exposure, the problem formulations in this study are: 1) Is the implementation of the encumbrance of movable objects that become objects of fiduciary guarantees at PT Pegadaian Wonosobo Branch in accordance with Law Number 42 of 1999 concerning Fiduciary Guarantees?. 2) How is the execution of the object of fiduciary guarantee in PT Pegadaian Wonosobo? This type of research is field research at PT Pegadaian Wonosobo Branch. The nature of this research is descriptive-analytic. This research uses an empirical juridical approach. In the data collection method using observation, interviews, and documentation. The research concluded that: First, the implementation of the Fiduciary Guarantee carried out by PT Pegadaian Wonosobo Branch for financing above IDR 30,000,000 (thirty million rupiah) is in accordance with the UUJF because the object of fiduciary guarantee is charged using a notarial deed and registered at the Fiduciary Office. Then for financing below IDR 30,000,000 (thirty million rupiah), it is not in accordance with the UUJF because there is no fiduciary binding but only uses a deed under the hand and is not registered at the Fiduciary Office. Second, the execution of fiduciary security objects in third parties goes through several stages. The first stage is by sending the first to third Warning Letter (Somasi), then if there is still no good faith, the Last Warning Letter (SPT) is sent. For fiduciary security objects located in third parties, PT Pegadaian continues to take the family route.

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