Minggu, 24 November 2013

law of Guarantees by Li'iza Diana Mangzil



law of Guarantees
The term is derived from the translation of legal guarantees zakerheidesstlling or security of law . In Seminar on the National Law Development Agency Mortgage Institutions and Other Assurance , which was held in Yogyakarta , on December 20 to July 30, 1977 , stated that the law guarantees , including the understanding , both warranties and guarantees kebenadaan individuals . This guarantees the legal sense refers to the type of collateral , not understanding the law guarantees . This definition is not clear , because the views only of the individual guarantees . Sri Soedewi Masjhoen Sofwan , argued that the law guarantees are :

" Set the juridical construction that enables the provision of credit facilities , to ensure items are purchased as collateral . Regulation should therefore be quite convincing and provide legal certainty for lembag - credit institutions , both domestic and abroad . The existence of such security institutions and agencies , would have to be coupled with the number of credit institutions , large , with a long period of time and the interest rate is relatively low " ( Sri Soedewi Masjhoen Sofwan , 1980: 5 ) .

Actually , what was raised by Sri Soedewi Masjhoen sofwan is a juridical concept relating to the preparation of legislation governing jamian in the future . While today has made ​​various laws and regulations relating to the collateral . J. Satrio interpret the law guarantees are :
 
" The law governing the receivables guarantees a creditor against the debtor " ( Satria , 1996: 3 ) .

This latter definition is focused on the regulation of creditor rights solely , but do not pay attention to the rights of the debtor . Though sebjek study law guarantees not only concern solely for the lender , but also eratkaitannya with the debtor . While the object is the object assurance studies . The definitions of the various weaknesses , the three definitions above need to be equipped and desempurnakan . According to H. Salim HS , the law guarantees are :
"The whole of the legal rules governing the legal relationship between the buyer and the insured in relation to the imposition of collateral to obtain credit facilities "

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