{"title":"强制撤销信义对象对债权人造成的法律后果","authors":"Ryan Ari Hadinata","doi":"10.30742/nlj.v18i2.1588","DOIUrl":null,"url":null,"abstract":"The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary","PeriodicalId":37885,"journal":{"name":"NORMA","volume":"1 1","pages":""},"PeriodicalIF":2.1000,"publicationDate":"2021-07-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"3","resultStr":"{\"title\":\"Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects\",\"authors\":\"Ryan Ari Hadinata\",\"doi\":\"10.30742/nlj.v18i2.1588\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary\",\"PeriodicalId\":37885,\"journal\":{\"name\":\"NORMA\",\"volume\":\"1 1\",\"pages\":\"\"},\"PeriodicalIF\":2.1000,\"publicationDate\":\"2021-07-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"3\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"NORMA\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.30742/nlj.v18i2.1588\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"SOCIOLOGY\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"NORMA","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.30742/nlj.v18i2.1588","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"SOCIOLOGY","Score":null,"Total":0}
Legal Consequences for Creditors Caused by Forced Withdrawal of Fiduciary Objects
The researcher used the title Legal Consequences for Creditors Caused By Forced Withdrawal Of Fiduciary Objects. The formulation of the problems that arise includes, among others: what the creditor can take legal actions if the debtor does not pay the debt when it is due and what are the legal consequences faced by the creditor for the debtor's legal action related to the forced withdrawal of the object of fiduciary security by the creditor, The form of this research method is normative legal research, so in this study, an approach to legislation along with views and doctrines in legal science is analysed which is then analysed against the application of Law to resolve legal issues in this study. From the result the analysis carried out in this study, the researcher states that: as a result of the creditor executing the object of fiduciary security by force when the debtor defaults, it can be subject to criminal sanctions contained in Articles 335, 365, and 368 of the Criminal Code related to using coercion and physical violence and in Article 3 paragraph 1 of the Regulation of the Minister of Finance of the Republic of Indonesia Number 130/PMK.010/2012 which also imposes sanctions on financial institutions that do not register the object of guarantee at the fiduciary guarantee registration office. As for the things that underlie the parties to take legal action, namely: the creditor wants the debtor's obligations to be carried out correctly to pay off his debt. In contrast, the debtor wants to get protection against the forced withdrawal of the object of the guarantee carried out by the creditor.Keywords: Guarantee, Execution, Fiduciary
期刊介绍：
NORMA is an international journal for high quality research concerning masculinity in its many forms. This is an interdisciplinary journal concerning questions about the body, about social and textual practices, and about men and masculinities in social structures. We aim to advance theory and methods in this field. We hope to present new themes for critical studies of men and masculinities, and develop new approaches to ''intersections'' with race, sexuality, class and coloniality. We are eager to have conversations about the role of men and boys, and the place of masculinities, in achieving gender equality and social equality. The journal was begun in the Nordic region; we now strongly invite scholarly work from all parts of the world, as well as research about transnational relations and spaces. All submitted manuscripts are subject to initial appraisal by the Editors, and, if found suitable for further consideration, to peer review by independent, anonymous expert referees. All peer review is double blind and submission is online via Editorial Manager.
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