PERLINDUNGAN HUKUM BAGI KREDITUR PREFERENCE PEMEGANG HAK JAMINAN FIDUSIA TERHADAP BENDA JAMINAN YANG DIJAMINKAN KEMBALI
This research is protected aims to know whether or not certain a preference that creditors thisstuff jaminannya back pledged by legal norms existing and security risks and on what solutions owned creditor preference to risk the loss of thisstuff security gord execution. This research is normative an...
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| Format: | Thesis |
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[Yogyakarta] : Universitas Gadjah Mada
2013
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| Summary: | This research is protected aims to know whether or not certain a
preference that creditors thisstuff jaminannya back pledged by legal norms
existing and security risks and on what solutions owned creditor preference to risk
the loss of thisstuff security gord execution.
This research is normative and empirical. Research conducted by digging
secondary kepustakaan data derived from materials laws relating to this research.
Fieldwork done with collected data primary form of information directly obtained
at the research. The sample meenggunakan non random sampling techniques of
respondents singled out purposive sampling. Has collected data of field research (
field research ) and research kepustakaan ( library research ) qualitative analysis.
Legal norms, especially the law of fiduciary guarantee giving legal
protection to the lender collateral rights holders that gives them a position
preference (whichever comes first) in terms of debt repayment, so does the
protection provided is not fully acquired the creditor preference objects holder
guarantees pledged collateral objects back. The risk then arises is where events
happen in practice where there are several debtors who back the security objects
menjaminkan. The lender first preference by law is the party which is aggrieved
by the presence of the return guarantee where there is possibility of objects could
be switched because of execution, but it is based on the principle of Droit De
Suite then the lender first preference rankings it is possible to take back the object
of the guarantee given the principle is one of the basic law guarantees. |
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