Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia

Research Article

Legal Protection For Creditors In The Implementation Of The Execution Parate Of The Object Of Fiduciary Guarantee

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  • @INPROCEEDINGS{10.4108/eai.28-10-2022.2326396,
        author={Shohib  Muslim and Hairus  Hairus and Khrisna  Hadiwinata and Hudriyah  Mundzir},
        title={Legal Protection For Creditors In The Implementation Of The Execution Parate Of The Object Of Fiduciary Guarantee},
        proceedings={Proceedings of the 4th International Conference on Law, Social Sciences, and Education, ICLSSE 2022, 28 October 2022, Singaraja, Bali, Indonesia},
        publisher={EAI},
        proceedings_a={ICLSSE},
        year={2023},
        month={1},
        keywords={legal protection fiduciary auction},
        doi={10.4108/eai.28-10-2022.2326396}
    }
    
  • Shohib Muslim
    Hairus Hairus
    Khrisna Hadiwinata
    Hudriyah Mundzir
    Year: 2023
    Legal Protection For Creditors In The Implementation Of The Execution Parate Of The Object Of Fiduciary Guarantee
    ICLSSE
    EAI
    DOI: 10.4108/eai.28-10-2022.2326396
Shohib Muslim1,*, Hairus Hairus1, Khrisna Hadiwinata1, Hudriyah Mundzir1
  • 1: State Polytechnic of Malang, Indonesia
*Contact email: shohibmuslim@polinema.ac.id

Abstract

The transfer of the object of fiduciary security by the debtor to a third party is one of the issues faced by many financial institutions that offer credit and financing services. The issue is complicated because as a result of the transfer of the object of guarantee by the debtor and the third party (either through selling, purchasing, leasing, or other means), there will be a conflict of rights between the third party as the ruler of the object and the debtor. This study will examine how the fiduciary security's object is performed separately as a result of the debtor transferring the security's object to a third party. Legal protection for creditors while the fiduciary security's object is being executed against the fiduciary security's object that is given to a third party. The research methodology employed is normative juridical, and it uses interviews as data collection instruments to gather primary data, secondary data, and tertiary data through fieldwork and library research. The findings are qualitatively examined. Moving forward, the issue is thoroughly examined through legal research.