Abstract:
Fiduciary security as a form of collateral which is an accesoir agreement from the
main agreement, namely loan agreement. In Indonesia, this guarantees are
regulated in Law Number 42 of 1999 on Fiduciary (UUJF). This security is based
on trust, meaning that the object secured with fiduciary remains in the
authorization of the debtor, unless there is a default then the object must be given
to creditor. Object than can be used as fiduciary according to UUJF are moveable
and immovable property especially buildings that cannot be secured with
mortgage rights.
In practice, fiduciary is not always carried out between two parties who bound by
the same legal system. But, it can also be done between two parties with different
legal systems. If that happens, then the fiduciary security is transnational and
principles in Private International Law (PIL) can be applied, because the main
characteristic of PIL is the involvement of more than one legal system. However,
the arrangements about fiduciary guarantees in UUJF are in fact contradict to the
PIL principle if the fiduciary is transnational.
In accordance with the title of this research, then it will examine the validity and
consequences of transnational fiduciary that are used as fiduciary guaran
tee, also about the fiduciary security which is registered outside the territory of
Indonesia, and also about recognition and enforcement of fiduciary certificates
that have an executorial power like a court decisions that has legally binding as it
is regulated in UUJF.
