UPAYA HUKUM KREDITUR DENGAN JAMINAN FIDUSIA ATAS KENDARAAN SEPEDA MOTOR YANG DIALIHKAN PADA PIHAK KETIGA

Matondang, Ponri (2011) UPAYA HUKUM KREDITUR DENGAN JAMINAN FIDUSIA ATAS KENDARAAN SEPEDA MOTOR YANG DIALIHKAN PADA PIHAK KETIGA. S1 thesis, UAJY.

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Abstract

This legal writing entitled Legal Effort of Creditor in Fiduciary Guarantee on Motorcycle Transfered to Third Party. The problem formulation in this legal writing was how is legal effort of creditor towards fiduciary guarantee on motorcycle transfered to third party. The purpose of this research in this legal writing was to gain description and conduct analysis on legal effort of Bank Perkreditan Rakyat Sindu Adi Mlati Sleman towards malficient debtor by fiduciary guarantee of motorcycle of which had been transfered to third party. The type of this legal writing was empirical legal research. Empirical legal research was a research based on primary data gained through interview to respondent. Data source was gained from primary data and secondary data. Primary data was original data directly gained from the first source of which has not been processed and explained by other person. Primary data was directly gained from result of interview to responden and source person concerning on the studied problem in location of research. Secondary data was data gained from literary study and documentation as result of research and analysis of other person, available in the shape of books or documentation provided in library or property of the author. The method of data collection was conducted by interview and literary study. This research was conducted in Bank Perkreditan Rakyat Sindu Adi Mlati Sleman. The respondent in this research was Farhat Santoso as manager of CreditDepartment in Bank Perkreditan Rakyat Sindu Adi Mlati Sleman Yogyakarta. Method of analysis used in this research was qualitative analysis, i.e. method of analysis conducted by arranging data collected in logical and systematic sentence, thus it gained a description on what will be studied. Reasoning method used in drawing conclusion was inductive reasoning metod, i.e. concluding from specific knowledge, and then used to evaluate a general case. From the result of this research it concluded that the legal effort conducted by PT. BPR Sindu Adi Mlati Sleman in managing malficient debtor on motorcycle of which become the object of guarantee has been transfered to third party, i.e. by conducing first effort, i.e. verbally notifying debtor for three (3) times in three (3) months, respectively. In the case of first effort has not been responded by debtor thus the second effort was conducted by notifying debtor in writing by shape of somation in order debtor to complete his credit. Then it conducted registration of guarantee property by shape motorcycle to Fiduciary Registration Office by purpose to have legal power on the fiducary guarantee item. The last effort conducted by PT. BPR Sindu Adi Mlati Sleman was conducting negotiation process to the family of debtor to find out any best solution.

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