Karya Ilmiah
DISERTASI (142) - Prinsip Hak Keberadaan Dalam Lembaga Jaminan Dengan Obyek Resi Gudang
Warehouse Receipt System Act No. 9 of 2006 as amended by Warehouse
Receipt System Act No. 9 of 2011 are objectives to provide and improve public
access to legal certainty, protecting people and expand their access to financing
facilities, farmers, warehouse operator, lenders and banks to access capital in
order to improve its business. The main issues elaborated in this legal research are
the essence of the warehouse receipt, the type of collateral that weigh on the
warehouse receipt and the execution.
The type of this research is the normative study. The approach of this
research are statute approach, conceptual approach and comparative approach.
There are three results in this research. Firstly, the issuing of the
Warehouse Receipt System Act that introduced the warehouse receipt term.
Warehouse Receipt is a proof of ownership of a commodity that can be
negotiable, exchanged and pledged. Warehouse receipts is categorized as movable
good.
Secondly, Article 12 of Warehouse Receipt System Act delivers specific
security warehouse receipt, that is security right of the warehouse receipt. The
character of security rights is not reflected in the security right over the warehouse
receipt, therefore, the position of this type of collateral that should provide
certainty and legal protection becomes weaker. Based on the specific character of
warehouse receipt that is negotiable movable good and can also be easily moved,
thus, the appropriate type of collateral that weighs on warehouse receipt is pledge.
And the last, the guarantee would have no meaning if there is no certainty
at the time of execution. Warehouse receipt as a pledged movable good shall
comply with the terms of execution in pledge.
Keywords : warehouse receipt, movable good, type of collateral, pledge,
execution.
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