Legal Protection for Creditor in the Online Registration of Fiducairy Guarantee in Consumen Finance

International Conference on Industrial Technology for Sustainable Development 2017

工业技术;经济学

Badriyah, Siti Malikhatun^1 ; Suharto, R.^1 ; Kashadi, H.^1

Faculty of Law, Diponegoro University, Indonesia^1

关键词: Consumer finance;    Electronic signs;    Fiduciary Guarantee;    Legal principles;    Legal protection;    Legal services;    Online registration;    Third parties;   

Others  :  https://iopscience.iop.org/article/10.1088/1755-1315/175/1/012215/pdf
DOI  :  10.1088/1755-1315/175/1/012215

学科分类：工业工程学

来源: IOP

【 摘 要 】

The existence of online fiduciary guarantee registration in consumer finance will be very efficient. Online legal services surely ease the applicants, notaries, and those who works in the field of law[1]. Nonetheless, online fiduciary registration still has weakness which harms the legal protection of creditor. The main problem is on the Fiduciary Guarantee Certificate, since the certificate is the creditors' evidence as the holder of fiduciary guarantee. There are different interpretations regarding to the validity of the certificate which potentially makes problems. This research aims to discover and analyze the legal effect and legal protection for creditor in online registration of fiduciary guarantee. This research used socio legal approach, with integrate the rule of law, regulation, norm and legal principle research and the implementation of fiduciary guarantee registration online. The result of the research is: the registration of Fiduciary Guarantee is obliged to execute Fiduciary Guarantee. The electronic signs in the online certificate of Fiduciary Guarantee are valid under the law. By registering Fiduciary Guarantee online, the creditor is entitled of legal protection as preferred creditor making them the main priority to the repayment and becomes separatist creditor which does not have influence to the bankruptcy of debtor. The online registration of Fiduciary Guarantee fulfills specialty and publicity principle. The online certificate of Fiduciary Guarantee has executorial title which is equal to court verdict, making the creditor protected due to the bonding to third party and giving guarantee of legal assurance to those involved.