TINJAUAN YURIDIS PENGIKATAN BANGUNAN SEBAGAI JAMINAN FIDUSIA (STUDI KASUS PADA BANK CIMB NIAGA SURABAYA)

Parede, Andrew (2010) TINJAUAN YURIDIS PENGIKATAN BANGUNAN SEBAGAI JAMINAN FIDUSIA (STUDI KASUS PADA BANK CIMB NIAGA SURABAYA). S1 thesis, UAJY.

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Abstract

As one of object’s character, a building could be putted as a collateral for a credit application. Characteristically, a building could be putted as a mortgage which regulated on Mortgage Act of Legislation Number 4 Year of 1996 as the primary regulation towards the mortgage practice. Other option is to put a building as a fiduciary based on Fiduciary Act of Legislation Number 42 Year of 1999. The rights of the land is the main object of a mortgage deal, where the building is set upon it. Fiduciary is the opposite of the mortgage law, which bind the building itself without the right of the land. Determinating the rights of the land where the building set up is important in order to decide which kind of collateral will be used. The research in CIMB Niaga Surabaya as one of common bank in Indonesia was done by comparing data and the credit draft. The main aim of the research is to find out whether the fiduciary of a building is lawful or not. At the end of the research, the conclusion was made that the fiduciary of the building is lawful and acceptable according to the Fiduciary Act of Legislation except the using of the Building License as the evidence of the ownership of the building, which we know that Building License is not a proof of the ownership.

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