Problematic of Fiduciary Guarantee in the Consumer Finance Agreement without a Notarial Deed

Abstract

Consumer finance as a form of providing funds of goods to the consument, which is repaid in periodically. This periodically payment raises considerable risk for financial institutions. One of these safeguards is to material guarantee (collateral) because creditors would be the preference creditors and also secure creditor. This research method is normative method. In this case is done library research to get secondary data. To complete data is done field research too, to get primary data. Implementation imposition of fiduciary is not made by notarial deed, so itcan not be registered to Fiduciary Registration Office.  The raising of fiduciary is when registered. Thus, there will be no fiduciary. As a result, the position of creditors just as concurrent creditors. Thus, do not have preferential rights to other creditors. If the debtor defaults, it cannot execute directly to the object fiduciary. In this case the only creditor can file a lawsuit to the court.