RESPONSIBILITY FOR EXECUTION LAW OF MOTOR VEHICLES BASED ON ACT NO.42 OF 1999 CONCERNING FIDUSIAN GUARANTEE

Abstract

A fiduciary guarantee is a non-possession guarantee, where the collateral is still in the debtor's hands. At present fiduciary guarantees are not only used in banks, but many financial institutions also use fiduciary guarantees. Fiduciary collateral is not only used as collateral in debts, but is also used in buying and selling. As for buying and selling that is not done in cash where the remaining unpaid purchase price is agreed as debt payable, it is possible to guarantee the repayment of the debt with fiduciary collateral for the goods being traded. In buying and selling using fiduciary collateral, it is considered to have been completed even though the payment has not been made as a whole. So, in this case it can be seen that fiduciary collateral is used as a debt of trade receivables or buying and selling. Thus, the use of fiduciary guarantees in financial institutions moves writers to conduct research on law responsibilities for the execution of motor vehicles based on Act No.42 of 1999 concerning fiduciary guarantees. The problem to be discussed is about how the execution of motor vehicles based on Act No. 42 of 1999 and also how the law responsibility for the execution of motor vehicles based on Act No. 42 of 1999. In this paper, the author uses normative research methods, where this research method uses data from the library and also from the law as reference material in analyzing problems in aspects of the issue being studied. Based on the results of the discussion, it can be concluded that the execution process was carried out due to default of the debtor to the creditor in the fiduciary guarantee agreement. In the execution of fiduciary security objects, it can be done by waiting for a decision from the court, but creditors can also carry out the execution, if the fiduciary agreement has been made an agreement between the two parties agreeing with each other.

Keywords: Responsibility, Motor Vehicles, and Fiduciary Guarantees