Pendekatan hukum perdata internasional terhadap keabsahan dan akibat hukum jaminan fidusia transnasional yang diatur di dalam Undang-Undang Nomor 42 Tahun 1999 tentang Jaminan fidusia

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.