| Summary: | The purpose of this study is to identify and analyze how the legal protection of
creditors fiduciary holder according to Law Number 42 Of 1999 on Fiduciary and
to identify and analyze the extent of Law Number 42 Of 1999 on fiduciary give
legal protection to the PT. Bank Danamon Indonesia, Tbk as a creditor in the
execution of fiduciary holder objects fiduciary who is not known to exist. This
research is normative Juridical, that research is based on secondary research
library to Obtain Data on law sector. To complete and support the data obtained
from library research. The research data were then analyzed with qualitative
methods. These results indicate that in principle its fiduciary deed registration
entitles the holder to the lender precede fiduciary compared to others therefore,
the debtor does not have the authority to transfer or sell the object to a third party
fiduciary and fiduciary handed objects because there has been a transfer of rights
fiduciary property of the debtor to the creditor, the debtor so that the position is as
a borrower or borrower's disposable replacement over objects fiduciary who has
transferred his property, but even though Bank Danamon has performed its
obligation to register the object fiduciary as provided in Article 11 paragraph (1)
of the No. 42 Year 1999 on Fiduciary, but does not provide legal protection and
legal certainty for Bank Danamon as creditor in the execution of the object
fiduciary.
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