AKIBAT WANPRESTASI PADA PERJANJIAN PEMBIAYAAN KONSUMEN DALAM HAL TERJADI KETERLAMBATAN PENDAFTARAN FIDUSIA (Tinjauan Putusan Mahkamah Agung No. 335 K/Pdt.Sus/2012)

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TitleAKIBAT WANPRESTASI PADA PERJANJIAN PEMBIAYAAN KONSUMEN DALAM HAL TERJADI KETERLAMBATAN PENDAFTARAN FIDUSIA (Tinjauan Putusan Mahkamah Agung No. 335 K/Pdt.Sus/2012)
Publication TypeThesis
Year of Publication2015
AuthorsRAHMADI, HANURAGANI
Academic Departmentfakultas hukum unsoed
DegreeS1
UniversityUniversitas Jenderal Soedirman
CityPurwokerto
Abstract

This study analyzes the Supreme Court of 335 K / Pdt.Sus / 2012 , concerning the case
of default on the financing agreement in the event of late registration certificate fiduciary . This
is necessary because the fiduciary institution as a solution of borrowing funds to meet financial
difficulties, must go through registration . Practice it is often too late registration is not even
registered . Problems in this study due to the financing agreement with fiduciary late registration.
The case is resolved by the Supreme Court ruling . The problems of this study is to analyze the
case of default on the financing agreement that late registration and analyze the legal reasoning
of judges in deciding the case . Research methods in analyzing this case normative juridical
analyzes. The results obtained indicate that this case settlement through auction fiduciary objects
as debt repayment is appropriate rule of law . In addition, the Supreme Court judgment can not
be justified because it is not in accordance with the legal facts . Legal fact that late auctions listed
yet remain valid as fiduciary certificates have been published after the auction . The conclusion
from this study that the implementation of the fiduciary has a legitimate auction items and
according to the rules .

 

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