Vol 1, No 2 (2021): Journal of Human Rights, Culture and Legal System

Fiduciary Security Arrangements and Issues in Indonesia

M. Jamil (Faculty of Law, Universitas 17 Agustus 1945, Semarang)

Article Info

Publish Date
31 Jul 2021


In this paper, the author explores the law of fiduciary security. Fiduciary guarantees have been used in Indonesia since the Dutch colonial era as a form of guarantee born of jurisprudence. This form of guarantee is widely used in lending and borrowing transactions because the loading process is considered simple, easy, and fast, but it does not guarantee legal certainty. Before the Fiduciary Guarantee Act, in general, Fiduciary guarantees were regulated in Oogstverband (Staatsblad 1886 Number 57) and jurisprudence based on the Hooggerechtsh of (HGH) decision dated August 18, 1932. In 1999 the Fiduciary Guarantee Law was born (UU No. 42/ 1999). The research method used in this paper is a juridical-normative research method with a conceptual approach and a statutory approach.Keywords: Fiduciary; Security; Guarantee.

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Journal of Human Rights, Culture and Legal System is a double-blind review academic journal for Legal Studies published by Research and Social Study Institute. Journal of Human Rights, Culture and Legal System contains several researches and reviews on selected disciplines within several branches of ...