Perlindungan Hukum Bagi Pemberi Fidusia Jika Penghapusan Jaminan Fidusia Tidak Dilaksanakan Oleh Penerima Fidusia

Abstract

The purpose of this study is to determine and analyze the consequences of law for debtors because creditors do not remove fiduciary guarantees and to regulate legal protection for debtors whose debts are clear but whose collateral objects are not removed by creditors. The type of research used in this article is normative legal research conducted by reviewing applicable laws and regulations and using secondary data as primary data. Based on the results of the research, conclusions can be formulated as follows: (1) The consequence of law for debtors because creditors do not remove fiduciary guarantees is that the collateral object, which is paid off, cannot be guaranteed anymore because it is still guaranteed in the Directorate General of General Legal Administration; and (2) There is a need for further regulation about legal protection for debtors to guarantee legal certainty, especially in chapter 17 of PP fidusia, namely giving sanctions for creditors who do not write off that fiduciary guarantee.