Ernawati, - (2017) Analisis Yuridis Peraturan Menteri Keuangan Nomor 130/Pmk.010/2012 Dan Peraturan Pemerintah Republik Indonesia Nomor 21 Tahun 2015 Terkait Kewajiban Pendaftaran Fidusia Analisis Yuridis Peraturan Menteri Keuangan Nomor 130/Pmk.010/2012 Dan Peraturan Pemerintah Republik Indonesia Nomor 21 Tahun 2015 Terkait Kewajiban Pendaftaran Fidusia. Magister thesis, Universitas Brawijaya.
Abstract
Indonesia adalah Negara Hukum, hal ini sejalan dengan prinsip yang dijelaskan pada pasal UUD 1945 Pasal 1 Ayat 3. Pada pasal 28 D ayat 1 UUD 1945 selain mengatur hak orang untuk mendapat pengakuan, jaminan, perlindungan dan kepastian hukum yang adil serta perlakuan sama dihadapan hukum juga, mengatur tentang pembatasan dalam menjalankan hak dan kebebasannya. Jaminan Fidusia lahir karena perkembangan sosial ekonomi masyarakat atas kebutuhan modal. Untuk menjamin kepastian hukum pemerintah mengatur dalam Undangundang Jaminan Fidusia. Fidusia menjadi salah satu solusi jaminan pinjaman bergerak yang dianggap mampu memacu pertumbuhan ekonomi kecil. Undang- Undang Jaminan Fidusia seharusnya memberikan perlindungan hukum para pihak dan kepastian hukum, untuk mendapatkan kepastian hukum maka jaminan fidusia
English Abstract
Indonesia is a Law State, this is in accordance with the principle that is described In UUD 1945 Article 1 Paragraph 3. In Article 28 D Paragraph 1 of UUD1945 Besides it Regulated the right of people to get recognition , assurance, and protection of Fair law determination and equal treatment in front of the law and also, Set about restrictions in implementing their rights and freedom. Fiduciary assurance was created because of the socio-economic development of community upon the need of capital. To ensure the law determination, the government regulated in the Fiduciary Assurance Law. Fiduciary became one of moving loan assurance solution that was considered to be capable of spurring up small economic growth. The Fiduciary Assurance Law should provide the law protection of the parties and law determination , to obtain law determination so that fiduciary assurance "had to " be registered referring to article 11 paragraph 1, It reads "Objects that are burdened. With fiduciary assurance had to be registered ". Many opinions said that UUJF was considered to be premature born because it only regulated its fiduciary and For its implementation such as Registration was regulated by the Regulations of Government. This research analyzed about the Regulation of Finance Minister Number. 130/PMK.010./2012 and Government Regulation Number. 21 , 2015, associated With the Registration Obligations of Fiduciary Assurance . The creation of Finance Minister Regulation Number 130 /PMK.010/2012 because a number of Financing Companies that were not Registering fiduciary assurance on time but when financing started to be stuck has just been registered . Even though the creation of creditors who had preference rights and also Executorial rights because fiduciary assurance was registered. It was not only that matter because the actions of country financing companies also lose revenue from Receipts Nonstate tax revenues (PNBP). So that it was created PP Number . 21 , 2015 to support the implementation of PMK Number. 130 / PMK. Number 010 / 2015 and also the rules of implementing UUJF, which regulates about ) Online Fiduciary Registration and its Financing. Both of these rules were created to have interconnectedness in their implementation As a perfecting of UUJF. The type of research was research Normative law or literature that included the research on the principles of Law and research on law systematic. The approach of research used a statutory approach and Conceptual approach. Based on the author's analysis ,It could be concluded that PMK Number 130/PMK.010/2012 Declared The finance company had to register fiduciary assurance to the Office of Fiduciary registration took at least 30 working days from the date of the financing agreement If it were violated so that the sanctions were Warning, Pausing Business Activity And the most severe sanction in the form of revocation of business license as a deterrent effect. And the emergence of PP Number. 21 , 2015 about Online Fiduciary Registration was a refinement of online registration regulation as a substitution of Manual registration which was not considered to be effective and efficient because it was long and convoluted So that it was not able to accommodate fiduciary registration that became vi booming after The implementation of PMK Number130/PMK.010/2012.
| Item Type: | Thesis (Magister) |
|---|---|
| Identification Number: | TES/343.052/ERN/a/2017/041704139 |
| Uncontrolled Keywords: | FIDUCIA |
| Subjects: | 300 Social sciences > 343 Military, defense, public property, public finance, tax, commerce (trade), industrial law > 343.05 Kinds of taxes by base > 343.052 Income tax |
| Divisions: | S2/S3 > Magister Kenotariatan, Fakultas Hukum |
| Depositing User: | Nur Cholis |
| Date Deposited: | 29 Aug 2017 02:21 |
| Last Modified: | 07 Nov 2020 07:20 |
| URI: | http://repository.ub.ac.id/id/eprint/1818 |
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