Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine
A fiduciary guarantee is a type of special guarantee based on article 1132 which is included in material guarantees interpreted as absolute rights. In Indonesia, there are cases of default committed by debtors against debtors on fiduciary guarantees. Among the incidents that took place in Indonesia...
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Law Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 Surabaya
2025-02-01
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| Series: | DiH |
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| Online Access: | https://jurnal.untag-sby.ac.id/index.php/dih/article/view/12102 |
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| author | Azizah Azizah Surahmad Surahmad |
| author_facet | Azizah Azizah Surahmad Surahmad |
| author_sort | Azizah Azizah |
| collection | DOAJ |
| description | A fiduciary guarantee is a type of special guarantee based on article 1132 which is included in material guarantees interpreted as absolute rights. In Indonesia, there are cases of default committed by debtors against debtors on fiduciary guarantees. Among the incidents that took place in Indonesia is the case in Decision Number 27/Pdt.G.S/2022/PN SGN. In this case, default occurred because the debtor did not fulfill his obligation to pay installments 3 times and did not hand over the fiduciary guarantee object after defaulting in paying off his debt. The urgency of this research is related to the responsibility of the defaulting debtor and the handover of the fiduciary guarantee object based on the legal principle of guarantees, namely the principle of inbezitstelling. To analyze this case, a qualitative method and a normative juridical approach were used by applying the Case Approach, the Legislation Approach, and the Conceptual Approach. This is because this research is based on doctrine, library sources and analyzes real cases that are related to the law. The creditor's rights are not fulfilled by the debtor based on the principal agreement between the two parties, so that the debtor must fulfill the principal agreement in the form of handing over the fiduciary guarantee object. |
| format | Article |
| id | doaj-art-fb407dc15841434db25ee124cf413853 |
| institution | DOAJ |
| issn | 0216-6534 2654-525X |
| language | Indonesian |
| publishDate | 2025-02-01 |
| publisher | Law Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 Surabaya |
| record_format | Article |
| series | DiH |
| spelling | doaj-art-fb407dc15841434db25ee124cf4138532025-08-20T03:04:15ZindLaw Faculty Doctor of Law Study Program Universitas 17 Agustus 1945 SurabayaDiH0216-65342654-525X2025-02-012116073https://doi.org/10.30996/dih.v0i0.12102Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling DoctrineAzizah Azizah0Surahmad Surahmad1Universitas Pembangunan Nasional Veteran Jakarta, IndonesiaUniversitas Pembangunan Nasional Veteran Jakarta, IndonesiaA fiduciary guarantee is a type of special guarantee based on article 1132 which is included in material guarantees interpreted as absolute rights. In Indonesia, there are cases of default committed by debtors against debtors on fiduciary guarantees. Among the incidents that took place in Indonesia is the case in Decision Number 27/Pdt.G.S/2022/PN SGN. In this case, default occurred because the debtor did not fulfill his obligation to pay installments 3 times and did not hand over the fiduciary guarantee object after defaulting in paying off his debt. The urgency of this research is related to the responsibility of the defaulting debtor and the handover of the fiduciary guarantee object based on the legal principle of guarantees, namely the principle of inbezitstelling. To analyze this case, a qualitative method and a normative juridical approach were used by applying the Case Approach, the Legislation Approach, and the Conceptual Approach. This is because this research is based on doctrine, library sources and analyzes real cases that are related to the law. The creditor's rights are not fulfilled by the debtor based on the principal agreement between the two parties, so that the debtor must fulfill the principal agreement in the form of handing over the fiduciary guarantee object.https://jurnal.untag-sby.ac.id/index.php/dih/article/view/12102guaranteefiduciaryinbezitstelling |
| spellingShingle | Azizah Azizah Surahmad Surahmad Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine DiH guarantee fiduciary inbezitstelling |
| title | Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine |
| title_full | Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine |
| title_fullStr | Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine |
| title_full_unstemmed | Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine |
| title_short | Legal Perspectives on Debtor's Responsibility in Fiduciary Guarantee Violations Under the Inbezitstelling Doctrine |
| title_sort | legal perspectives on debtor s responsibility in fiduciary guarantee violations under the inbezitstelling doctrine |
| topic | guarantee fiduciary inbezitstelling |
| url | https://jurnal.untag-sby.ac.id/index.php/dih/article/view/12102 |
| work_keys_str_mv | AT azizahazizah legalperspectivesondebtorsresponsibilityinfiduciaryguaranteeviolationsundertheinbezitstellingdoctrine AT surahmadsurahmad legalperspectivesondebtorsresponsibilityinfiduciaryguaranteeviolationsundertheinbezitstellingdoctrine |