Legal Protection for Creditors Receiving Fiduciary Guarantees in the Event that the Guaranteed Object is Transferred to a Third Party

Siti Malikhatun Badriyah, Marjo and R. Suharto
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Siti Malikhatun Badriyah: Faculty of Law, Diponegoro University, Semarang, Central Java, Indonesia
Marjo: Faculty of Law, Diponegoro University, Semarang, Central Java, Indonesia
R. Suharto: Faculty of Law, Diponegoro University, Semarang, Central Java, Indonesia

International Journal of Research and Innovation in Applied Science, 2025, vol. 10, issue 5, 594-600

Abstract: Fiduciary guarantee is a form of material guarantee that is often used in financing agreements, especially in the motor vehicle financing sector. In the imposition of fiduciary guarantee, the object of the guarantee remains in the control of the fiduciary giver, while the ownership rights to the object are transferred to the fiduciary recipient. Problems arise when the debtor transfers the object of the fiduciary guarantee to a third party without the creditor’s consent, which can cause losses to the creditor which can lead to disputes. This study aims to analyze the legal protection of creditors in agreements with fiduciary guarantees, as well as legal remedies that can be taken if the object of the guarantee is transferred to a third party unlawfully. The method used is normative legal research with a statutory, conceptual, and case approach. The results of the study indicate that legal protection for creditors depends on the fulfillment of all stages of the fiduciary guarantee imposition process. Creditors who do not register a fiduciary guarantee do not have a fiduciary guarantee. As a result, they do not have material rights to the object of the guarantee and are not protected if there is a transfer to a third party. Creditors can take legal remedies in the form of civil lawsuits, or criminal reports against the debtor. In addition, the effectiveness of legal protection is also influenced by the good faith of third parties and the existence of fiduciary guarantee certificates.

Date: 2025
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