PERLINDUNGAN HUKUM TERHADAP PERUSAHAAN PEMBIAYAAN LEASING MENURUT UNDANG–UNDANG NOMOR 42 TAHUN 1999 TENTANG JAMINAN FIDUSIA

Fiduciary guarantee is a security right over tangible or intangible movable objects and gives priority position to the fiduciary recipient or creditor, then in the fiduciary guarantee agreement if the debtor commits an act of breach of contract or default then the creditor has the executorial right of the fiduciary guarantee object based on the fiduciary guarantee certificate which has the same legal power as a court. This research aims to determine the effectiveness of law on creditors in order to create legal certainty in fiduciary guarantee agreements. Then to ensure that there is legal protection for creditors in fiduciary guarantee agreements, fiduciary collateral objects, and the background to the emergence of fiduciary guarantee agreements. Creditors' legal protection efforts in fiduciary guarantee agreements must meet the requirements specified in Article 6 and Article 11 of the UUJF. However, this legal protection is still considered weak because it is not balanced with firmness in executing the objects of fiduciary guarantees. In the end, to strengthen the legal protection of creditors in fiduciary guarantee agreements, it needs to be balanced with the establishment of a guarantee execution institution and socialization regarding fiduciary implementation.

Keywords: Legal effectiveness, Fiduciary, Legal protection of creditors