Abstract

The purpose of this study is to examine and analyze the construction of credit agreement with Fiduciary Guarantee, and Factors affecting the occurrence of the transfer of fiduciary collateral to third parties, as well as the Ideal Construction of a credit agreement with a Fiduciary Guarantee based on justice value. The method used in this study was sociological juridical, the data used were primary and secondary data, the data were analyzed by using descriptive analytical. Research results show that: the deed construction credit agreement cannot be separated from the fulfillment of Article 1320 Civil Code, Article 1321 Civil Code. The influencing actors that take a part on the switching of fiduciary security objects to the third parties are: the debtor does not understand in detail the content of the credit agreement, the absolute preference principle, the creditor put forward the principle of legal duty in the return and development of business capital because the creditor also as the party fiduciary guarantee, Appraisal is still patterned as a static machine and the high cost of execution. The ideal Construction of a credit agreement with a fiduciary guarantee based on justice value places the position of the debtor and creditor in a balanced and well-meaning position, fair appraisal and equal execution cost.