THE EXECUTORY POWER OF FIDUCIARY GUARANTEES IN BAIL LAW AND BANKING
Authors/Creators
- 1. Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
- 2. Lecturer, Doctoral Program in Law, Faculty of Law, Diponegoro University, Jl. Prof. Soedarto, SH., Tembalang, Semarang.
Description
Abstract
This study aims to analyze the executive strength of fiduciary guarantees in guarantee and banking law. The research method used is normative juridical. The results show that the execution of civil law is carried out through a court institution either because a judge's decision has permanent legal force or other documents that have executive power that can be executed through the fiat chairman of the district court such as the fiduciary guarantee certificate. The executorial title contained in the fiduciary guarantee certificate which reads "For Justice Based on Almighty Godhead" is a statement containing an authority that the document (text) has the power of execution (forced execution) with the help of state apparatus. Due to the existence of the executorial title, the holder of the fiduciary guarantee can submit a request for execution to the court and the court will comply with the execution procedure.
Files
22.JJU_10183607.pdf
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(190.1 kB)
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