KEKUATAN HUKUM JAMINAN FIDUSIA ATAS ASSET REPLACEMENT DEBITUR BAGI PERBANKAN

Abstract

This research discusses the position of fiduciary guarantees for replacement assets, which are replacement assets in the form of receivables in the name of credit agreements between banking institutions. The problem studied is that asset replacement is an intangible object but is allowed to become the object of fiduciary collateral which then has the potential to harm creditors as holders of preferential rights over replacement assets. The formulation of the problem given by the author is the position of banks as recipients of fiduciary guarantees for fiduciary collateral objects in the form of Asset Replacement and what are the preferential rights for banks as recipients of fiduciary guarantees for collateral objects in the form of Asset Replacement. The research method used is normative juridical using a statutory approach and a conceptual approach. The results of this research are that the object of fiduciary collateral is asset replacement, making the creditor who receives the fiduciary lose the pre-emptive right to take repayment of receivables through execution if the fiduciary is in default when it is not followed by a deed of transfer of receivables (cessie) and preferential rights or pre-emptive rights on the sale of the property which becomes The object of asset replacement for banks as creditors remains attached as long as it is bound by a deed of transfer of receivables (cessie) by first carrying out a review and/or research on the value and nature of the receivables as objects of collateral in the form of asset replacement.

Key words : banking, fiduciary guarantees, asset replacement