The Legal Impact of Delaying Fiduciary Security Registration in Terms of Law Number 42 of 1999 concerning Fiduciary Security and Regulation of the Minister of Finance Number 130/PMK.010/2012

Elis Herlina

2019

Abstract

Article 11 the Fiduciary Security Law stipulates that the object of Fiduciary Security must be registered at the Fiduciary Registration Office before a Fiduciary Security certificate, which shall have an executorial power, be issued. In its implementation, there are some financing companies who would like to delay the registration. Therefore, question arises as to what kind of the legal consequences of delaying Fiduciary Security registration in terms of Law Number 42 of 1999 concerning Fiduciary Security and Regulation of the Minister of Finance Number 130 / PMK.010 / 2012. This was an analytical descriptive research with a normative juridical approach. The data collection of this study was performed by using literature study technique, while the data were obtained are analyzed in a qualitative juridical manner. The legal consequence of delaying the Fiduciary Security registration is that, if the debtor performs defaults, the financial institution would be incapable to execute Fiduciary Security for there is no Fiduciary Security certificate available, so that it can only be done by filing a civil suit to the District Court, and that the position of the financial institution would merely be as the concurrent creditor.

Paper Citation

in Harvard Style

Herlina E. (2019). The Legal Impact of Delaying Fiduciary Security Registration in Terms of Law Number 42 of 1999 concerning Fiduciary Security and Regulation of the Minister of Finance Number 130/PMK.010/2012. In Proceedings of the 8th Annual Southeast Asian International Seminar - Volume 1: ASAIS, ISBN 978-989-758-468-8, pages 170-173. DOI: 10.5220/0009987200002905

in Bibtex Style

@conference{asais19,
author={Elis Herlina},
title={The Legal Impact of Delaying Fiduciary Security Registration in Terms of Law Number 42 of 1999 concerning Fiduciary Security and Regulation of the Minister of Finance Number 130/PMK.010/2012},
booktitle={Proceedings of the 8th Annual Southeast Asian International Seminar - Volume 1: ASAIS,},
year={2019},
pages={170-173},
publisher={SciTePress},
organization={INSTICC},
doi={10.5220/0009987200002905},
isbn={978-989-758-468-8},
}

in EndNote Style

TY - CONF

JO - Proceedings of the 8th Annual Southeast Asian International Seminar - Volume 1: ASAIS,
TI - The Legal Impact of Delaying Fiduciary Security Registration in Terms of Law Number 42 of 1999 concerning Fiduciary Security and Regulation of the Minister of Finance Number 130/PMK.010/2012
SN - 978-989-758-468-8
AU - Herlina E.
PY - 2019
SP - 170
EP - 173
DO - 10.5220/0009987200002905