EFEKTIVITAS EKSEKUSI JAMINAN FIDUSIA MELALUI PENJUALAN DI BAWAH TANGAN BERDASARKAN UNDANG-UNDANG NOMOR 42 TAHUN 1999 (Suatu Studi di PT. Bank Rakyat Indonesia (Persero) cabang Pandanaran Semarang)

Abstract

One characteristic of a good materialism debt warranty is that burden rights could be executed with easy and fast processes with law warranty. According to section 29 Regulation Number 42 Year 1999, the execution processes are: the execution of executorial title, the purchasing fiduciary warranty material objects on the rights of the fiduciary creditor through a public auction, under-hands purchasing based on the both side approval. From those three execution processes, the most difficult and unpopular decision is through the third option, because of the both side approval condition, the purchasing periods start from 1 (one) month since the given of written information by the creditor and/ or the debtor to the authorized parties, it has to be pronounced at least in 2 (two) newspapers in the authorized territory. The execution (under-hands purchasing) is different from others. With the old fashion way before the issues of Regulation Number 42 Year 1999 the debtor with the creditor approval, would purchase the materialism warranty and gives the result to the creditor through the warranty buyer. If there would be a surplus on the debt compensation, thus, it would be the debtor's. That would be the reason of the writer's interest on the research of the affectivity of fiduciary warranty execution through under-hands purchasing based on Regulation Number 42 Year 1999 at PT. Bank Rakyat Indonesia (Persero) Pandanaran Semarang branch. The writer used juridical empirical approach with analytical descriptive research as the specification. The sampling methods were non-random sampling; in this occasion the writer used primary data purposive sampling, which occurred from interviews with PT. Bank Rakyat Indonesia (Persero) Pandanaran Semarang branch party and the secondary data was achieved from literature study. The writer used qualitative analysis methods. According to those three execution processes based on section 29 Regulation Number 42 Year 1999, the most effective methods in PT Bank Rakyat Indonesia (Persero) is the purchasing fiduciary warranty on creditor's power through public auctions, in case of the rejection of the debtor. The execution of this process does not include other party, especially court and seizure officials. The creditor has the ability to contact the auctioneer and order for an auction. In the execution of fiduciary warranty through the under-hands purchasing practice before the issues of the Regulation of Fiduciary Warranty Number 42 Year 1999 more effective, nevertheless, parties still consider that the execution through under-hands purchasing is still too difficult to be applied, because of its complicated conditions.