Kedudukan Kreditur atas Objek Jaminan Fidusia yang Belum dibagi karena Adanya Perceraian

Abstract

Fiduciary is the transfer of ownership rights of an object on the basis of trust provided that
the object whose ownership rights are transferred remains in the possession of the owner of
the object. Whereas what is meant by Fiduciary Guarantee is the guarantee right for movable
objects both tangible and intangible and immovable objects, especially buildings that cannot
be burdened with mortgages, which remain in the control of the Fiduciary Giver, as certain
debt repayment collateral that gives priority position to Fiduciary Recipients against other
creditors. Items loaded with a Fiduciary Guarantee must be registered. Registration for a
Fiduciary Guarantee is carried out at the Fiduciary Registration Office. However, if the
registration of Fiduciary Guarantee to be registered with the Office of Fiduciary Registration
is a matter of property that has not been shared with the former creditor's wife against the
vehicle due to divorce, it can be said that the agreement can be canceled, so there is no legal
certainty for the recipient of Fiduciary Guarantee. If the Fiduciary Registration Office issues
and submits a Fiduciary Guarantee Certificate to the Fiduciary Recipient on the date that is
the same as the date of receipt of the application for registration. This Fiduciary Guarantee
Certificate is a copy of the Fiduciary Register Book. By obtaining a Fiduciary Guarantee
certificate, the creditor or fiduciary guarantee recipient immediately has the right of direct
execution (parate execution). The legal strength of the certificate is the same as the court's
decision which has permanent legal force
Keywords : Fiduciary Guarantee, Creditors, Execution.