EFEKTIVITAS PENYELESAIAN SENGKETA FIDUSIA TERHADAP PENYERAHAN JAMINAN FIDUSIA KREDIT MIKRO

Abstract

Providing in a loan credit to debtor based on debt agreement, a credit can be given by anyone who have financial ability with a debt agreement between the creditor on one side and the debtor on the other side. Thus, in addition to certain binding guarantees, there must be guarantee provision which is called fiducia warrant. The characteristic of a proper object guarantee is as follows : can be executed quickly, simply in its process, efficient and contains legal certainty, so whenever a debtor default, the execution will be carried out easily without any parties suffer losses. The purpose of object guarantee is to avoid the creditor from any risk of lose concerning the credit. Based on the result of this research it can be concluded that in solving a micro credit case concerning with problematic fiducia warrant object and self protection, a bank must pay more atteintion the 5C Credit Provision. An effort for self protection, a bank may register a fiducia warrant to the fiducia warrant office as well as insure the loan to an insurance company.