THE IMPLEMENTATION OF CREDIT AGREEMENTS WITH FIDUSIAN GUARANTEE IN THE PEOPLE'S CREDIT BANK (BPR) WERDHI SEDANA GIANYAR REGENCY

ABSTRACT

An agreement is an agreement made by one party with the other party. Should an agreement contain details about the cause and effect of the agreement. Likewise in the guarantee agreement with Fiduciary Guarantee, all forms relating to the Fiduciary Guarantee contained in Law number 42 of 1999 concerning Fiduciary Guarantees must be made in detail in the guarantee agreement. Article 11 paragraph (1) Laws number 42 of 1999 states: "Items loaded with Fiduciary Guarantees must be registered". The purpose of registering a Fiduciary Guarantee is to obtain a Fiduciary Certificate. The Fiduciary Certificate has the executive power that is the same as the court decision that has permanent legal force. In the People's Credit Bank of Werdhi Sedana, Gianyar Regency, it is interesting to examine the implementation of credit agreements with Fiduciary Guarantees in the Werdhi Sedana Rural Bank and the result if the Fiduciary Guarantee is not registered with the fiduciary registration office by the Rural Bank Werdhi Sedana. This study uses empirical legal research methods. In practice the loan agreement with fiduciary collateral at the Rural Bank Werdhi Sedana does not contain details about the Fiduciary Guarantee in accordance with the Fiduciary Law, but only uses standard agreements or standard general agreements. In the practice of Fiduciary Assurance, at the Rural Bank Werdhi Sedana, the Fiduciary Guarantee is not registered by the Bank. So that this is a loss for the Bank because it does not have executorial power when the Debtor as the Fiduciary Giver is injured in its promise. Keywords: Agreement, Fiduciary Guarantee, Rural Credit Bank