a. In order to develop reasoning, form a dynamic mindset, as well as to determine the author's ability to apply the knowledge that has been obtained.
b. To provide input and additional knowledge for parties related to the problem under study, and be useful for other interested parties regarding Regulation as Legal Protection for Debtors and Third Parties in Credit Agreements with Fiduciary Guarantee Objects
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c. In order to formulate the reconstruction of regulations as legal protection for debtors and third parties in credit agreements with objects of fiduciary security based on the value of justice. especially the legal aspects of the object of fiduciary guarantees
E conceptual framework
PM Hadjon stated that the definition that is relevant and popular in the legal field to be used is the nominal definition. The nominal definition consists of: lexical definition, precision definition and stipulative definition . The three types of nominal definitions are not entirely relevant, but according to Hadjon, only precision 18definitions and stipulative definitions are used .19
The Dissertation Conceptual Framework presents a literature review as an explanation of the dissertation title including:20
4) Carry out a complete legal inventory based on the hierarchy of laws and regulations (UUD, Law, Perpu , PP, Presidential Decree and PP) as a research problem study ;
5) Conduct studies on legal principles/legal principles and legal doctrines according to promovendus research studies ;
6) Literature review serves to build legal concepts or legal theories that form the basis of dissertation research
18The definition of precision according to H. Franken, contains lexical and speculative elements.
Thus, the definition of precision moves from a concept that is common in everyday language (lexical), then "added" with new elements that are designed to give new special meanings (stimulative-giving new meanings to existing meanings); PM Hadjon, Dogmatic (Normative) Humu Studies , Yuridika Magazine, Faculty of Law UNAIR, No.6 Year IX November-December, 1994, Pg 10, in Amiruddin., Zainal Asikin, Ibid , P57.
19PM Hadjon, Dogmatic (Normative) Humu Studies , Yuridika Magazine, Faculty of Law UNAIR, No. 6 Year IX November-December, 1994, Pg 10, in Amiruddin., Zainal Asikin, H., Ibid , P 57.
20Doctoral Program (S3) in Law Sciences, Unissula, Guidebook for Compiling a Dissertation , Semarang,2017 , pp 4-5.
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Legal Reconstruction
According to the Big Indonesian Dictionary (KBBI), construction is the arrangement and relationship of words in sentences or groups of words. 21The KBBI provides two meanings of " reconstruction ", namely:
1) return as before;
2) composing “drawing” Back
In the black law dictionary , the meaning of reconstruction in law is
“The name communi y given to the process of reorganizing, byacts Of congress and executive action, the governments of the states which had passed ordinances of secession, and of re-establishing their constitutional relations to the national government, restoring their representation in congress, and effecting the necessary changes in their internal government, after the close of the civil war. See Black, Const. Law (3d Ed.) 48; Texas v. White, 7 Walls. 700, 19 In Ed. 227.” (reconstruction as a form of reorganization process, both by acts of congress and executive action, the governments of countries that have passed secessionary laws, and rebuild their constitutional relations with national governments, restore their representation in congress, and make necessary changes in internal governance them, after the close of the author's free translation of the civil war)
Based on description in on so could researcher conclude meaning reconstruction in study this is update system, form as “ rethinking ” 22or rearranging about justice to provide legal protection for debtors And Third Party In Credit agreement with Object Fiduciary Guarantee which fair
21Ministry of National Education, Big Indonesian Dictionary, 2008, Fourth Edition, Jakarta:
Gramedia Pustaka Utama, hlm 727 .
22http://mardjonoreksodiputro.blogspot.co.id/2013/10/reconstruction-system-peradilan-criminal.html _
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Legal Protection of Debtors and Third Parties
Legal protection for creditors in credit agreements with Fiduciary guarantees are very necessary, considering the object that is the object guarantee fiduciary is at on party debtor, so that if debtor to default on credit agreements with fiduciary guarantees, Creditor interests can be guaranteed with legal protection The legal protection for creditors is regulated in general, that is: set in KUH Civil Chapter 1131 and 1132 and law- Law No.42 of 1999 concerning Fiduciary Guarantees. Article 1131 KUH Civil mention all material, good which already there is nornew ones will be in the future, become dependents for everything engagement individual. Chapter on could interpreted, since somebody tie self on something agreement so since that all treasure wealth both existing and new will be in the future day Becomes dependents for all engagements.
Fiduciary Guarantee
in Article 1 number 2 of Law Number 42 1999 about Guarantee Fiduciary.
Fiduciary Guarantees are:
“Security rights to movable objects, both tangible and intangible intangible and immovable objects, especially buildings that are cannot be encumbered with mortgage rights as referred to in Law Number 4 of 1996 concerning Fixed Mortgage Rights is at in mastery giver fiduciary, as collateral for repayment debt certain, which give the position priority to receiver fiduciary to other creditors."
Based on the formulation of the provisions in Article 1 number 2 of the Law Guarantee Fiduciary, elements the fiduciary guarantee is:23
g. As institution guarantee right material and right which take precedence h. Material move as the object
i. Material no move specifically building which not burdenedwith Mortgage is also the object of Fiduciary Guarantee
23Rachmadi Usman, ibid. Thing. 30
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j. Material Becomes object Guarantee Fiduciary the meant as collateral k. For repayment something certain debt
l. Give position which take precedence to receiver Fiduciary to creditor other Credit agreement
The agreement begins with a legal relationship regarding property between two parties, in which one party promises or considered promise for To do something and _ for no do something. Formulation of the contractual relationship generally always begins with a negotiation process between the parties. Through negotiation para party strive create shapes deal for each other bring together something which chill (interest) through the bargaining process bid.
Covenant law is often interpreted the same as the law of engagement. This is based on the concept and definitional limitations of the word agreement and engagement. On basic law agreement conducted if in a incident somebody pledge promise to party other or there are two parties who promise each other to do something In general, the agreement starts from a difference of interest which try met by through deal. Through agreement difference the accommodated and next framed with device law so that bindpara party. In agreement, question about side certainty and justice precisely will achieved if difference which there is in Among para party accommodated throughbonding mechanism who work independently balanced.
On principle contract consist from one or series promise which made para party in the contract. Essence from contract that aloneis agreement (agreement). On base that, Subekti define that: “Contract as an event in which a person promises to person other in where two person each other promise for doing something"24
24Subekti, Law agreement , Intermas, Jakarta, 1984, Thing. 36
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With say agreed for stage an agreement, so second party have freedom for determine alone form agreement. In this regard, according to the open system adopted in the KUH Civil. The third book of the parties can get rid of the articles contract law if they so wished. Generally an agreement made in writing so that it is clear what which they agreed on. Besides, it is also useful for proving that ifsomething moment occur dispute between they who made the agreement.
Value of Justice
Fair especially contain meaning that something decision and action based on norms which objective; no subjective let alone arbitrary. Justice is basically a concept relative, everyone is not equal, fair according to one is not necessarily fair to others.
In the Islamic concept, fair comes from Arabic adl, which is say object which abstract originated from say work contains at least five meanings, namely:
a. Straighten or seat by straight, amend or change ;
b. Run self, avoid, leave from something Street (wrong) head to street which straight and right;
c. Become same or equivalent, in accordance or equalize;
d. Make balanced or balancing orcomparable or in a state of balance;
Might also means example or missal, a literal expression that indirectly direct related to justice25
F Theoretical Framework
Grand theory . Theory of Justice- Pancasila
The concept of Pancasila justice, the characteristics of justice based on Pancasila as the philosophy and ideology of the Indonesian nation are the result of
25Ahmad Ali, Reveal Theory law and theory judiciary , date Prenada Group.2012 Pg. 243
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deep thinking or thoughts from the Indonesian nation which the Indonesian people consider, believe and believe as something (reality, norms, values). the truest, fairest, wisest, best and most suitable for the Indonesian nation 26Pancasila as the basis of the state is often called the basic philosophy of the state ( phylosofiche grondslag ) of the state, the ideology of the state ( staatsidee ). In this case, Pancasila is used as the basis for regulating state government, in other words, Pancasila is used as the basis for regulating state administration. Pancasila as the State Foundation
The values contained in Pancasila must be realized in real life, namely the life of the nation and state in Indonesia. Pancasila and the Unitary State of the Republic of Indonesia are like currencies that cannot be separated, becoming a unified whole, implementing a dignified national and state life, upholding human values and upholding the value of justice. fair and civilized as well as social justice for all Indonesian people.
The characteristics of Pancasila justice are moral principles and values of truth , namely justice which serves as the basis for establishing legal justice in the formation of laws and regulations that adopt the values of justice based on Pancasila as the ideology of the Rechtsidee nation .
Middle theory Legal system theory- Lawrence M. Friedman
Lawrence M. Friedman argues that the effectiveness and success of law enforcement depends on three elements of the legal system, namely the legal structure ( structure of law ), legal substance ( substance of the law ) and legal culture ( legal culture ). The legal structure concerns law enforcement officers, legal substance includes statutory instruments and legal culture is a living law adopted in a society.
26Bahder Johan Nasution, Law and Justice. (Bandung: Bandar Maju, 2015). Thing. 174
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Applied theory