Reconstruction of Legal Protection Regulations for Debtors and Third Parties in Credit Agreements with the Object of Fiduciary Based Guarantee

Agreement financing with guarantee fiduciary there is clause stating _ that if debtor no pay off the debt or no Fulfill his obligations to creditor so without through court more formerly creditor entitled and giving power substitution creditor for To do necessary action _ what if see by constitutive and productive no after with substance Article 23 paragraph (2) and Article 36 then writer aim for first analyze Regulation Legal Protection for Debtors and Parties Third In Agreement Credit with Object Guarantee Fiduciary Not yet Realize Score Justice , Second for analyze Protection Law For Debtor And Party Third In Agreement Credit with Object Guarantee Fiduciary moment this , third for To do Reconstruction Regulation Legal Protection for Debtor Dan Party Third In Agreement Credit with Object Guarantee Fiduciary Not yet Realize Value of Justice Method Study this is study qualitative with approach sociolegal research paradigm study constructivism. As for the findings study first Protection Regulation Law For Debtors and Parties Third In Agreement Credit with Object Guarantee Fiduciary Not yet Creating Value Justice In Thing divert , pawn rent , share results to the other party The object that becomes object Guarantee Fiduciary because existence assessment related with debtors and parties third second weaknesses Regulation as Protection Law of Sharing Debtors and Parties Third In Agreement Credit with Object Guarantee Fiduciary Not in line with existence agreement written from receiver fiduciary yang regulated in Article 23 and Article 36 of the Law Guarantee Fiduciary. Third Reconstruction Regulation Legal Protection for Debtor Dan Party Third In Agreement Credit with Object Guarantee Fiduciary Not yet Realize Value of Justice a) Reconstruction score justice regulation Legal Protection for Debtor Dan Party Third In Agreement Credit could increase protection law for debtor productive and constructive b) reconstruction norm there is Article 23 Giver Fiduciary prohibited transfer , pawn , rent and perform contract work for results to the other party The object that becomes object Guarantee Fiduciary who doesn't is object supplies , except with agreement written more formerly from Receiver Fiduciary . Article 36 becomes 2 paragraphs which mention paragraph (2) Criminal as intended _ in Article 35 and Article 36 paragraph (1) in Constitution this is offense complaint.