EKSEKUSI JAMINAN FIDUSIA DI PENGADILAN NEGERI (STUDI ATAS LELANG EKSEKUSI DI PENGADILAN NEGERI KLAS 1 A PADANG)

DEWI, MULYANI YULIA (2013) EKSEKUSI JAMINAN FIDUSIA DI PENGADILAN NEGERI (STUDI ATAS LELANG EKSEKUSI DI PENGADILAN NEGERI KLAS 1 A PADANG). Masters thesis, Universitas Andalas.

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Abstract

Guarantee of Fidusia is guarantee rights of movable goods both for abstract and also extant and unmovable goods specially building which cannot encumber by responsibility rights. Receiver of fidusia by becoming owner of Certificate Guarantee of Fidusia is entitled to prioritize to redemption of its receivable which there are in section 27 The Act Guarantee of Fidusia and is entitled to sell object becoming Guarantee object of Fidusia of its own power (parate execute). With existence of title of executorial Certificate Guarantee of Fidusia hence Certificate Guarantee of Fidusia have strength of executorial which is equal to justice decision which have obtained legal force remain to, so that execution execute needn't through process attend legal procedure in Justice. At writing of this thesis, writer study some problem of that is what background execute guarantee of fidusia in District Court Of Klas I A Padang and how executing guarantee of fidusia in District Court Of Klas I A Padang. Intention of this research to know which is background execute guarantee of fidusia in District Court Of Klas I A Padang and to know to execute guarantee of fidusia in District Court Of Klas I A Padang. This Research represent research of sosiologis yuridis. To obtain get and collect primary data and data of skunder. gathered data will be analysed qualitative by using way of inductive. Pursuant to result of this research can be taken by conclusion that which is background overshadow execute guarantee of fidusia in District Court Of Klas I A Padang is at the time of to execute guarantee of fidusia directly by creditor, debitor don't have good faith to deliver object becoming guarantee object of fidusia so that become constraint in execution execute guarantee of fidusia directly. Caused by the constraint hence to get sense of justice and rule of law, creditor apply to execute in District Court Of Klas I A Padang though have been affirmed that executing guarantee of fidusia conducted directly without passing justice. Execute guarantee of fidusia in District Court Of Klas I A Padang conducted pursuant to Section 196 HIR. Keyword: Execute, Execute Guarantee of Fidusia.

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