PENGALIHAN OBJEK JAMINAN FIDUSIA OLEH PEMBERI FIDUSIA TANPA SEPENGETAHUAN TERTULIS DARI KREDITUR MENURUT UNDANG-UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Abstract

Fiduciary guarantee is a guarantee for a tangible or intangible movable object and immovable object.
In a fiduciary agreement, the object of the guarantee of ownership of the object remains in the hands of
the debtor. However, the fact that happens is that debtors often transfer the object of their fiduciary
guarantee to a third party, which causes losses to the creditor. Therefore, this study aims to determine
the implementation of the droit de suite principle on the transfer of the fiduciary guarantee object and
the legal consequences if the fiduciary guarantee object is transferred without written notification to
the creditor. The research method used is normative legal research with descriptive research
properties, and uses primary, secondary, and tertiary legal materials. The researcher obtained the
results that the droit de suite principle is always attached to the material rights, even though they are
transferred. This will have a logical consequence where if the object of the guarantee is transferred
without being known to the creditor, the creditor can withdraw the object of the guarantee whose
ownership has been transferred to another party other than the creditor and debtor.