Karya Ilmiah
TESIS (3507) - Sengketa Kepemilikan Obyek Jaminan Fidusia Berupa Benda Persediaan
Fiduciary guarantee is a guarantee based on the ethical relationship of trust, which
objects includes inventories. Inventories are divided into two categories:
registered inventories and unregistered inventories. This results in a judiciary
consequence; in accordance with clause 1977 BW which states that whoever
holds possession over unregistered moving inventories is considered as the
rightful owner. This may cause a dispute over the ownership of inventories
because of the ambiguity about whether or not the ownership of unregistered
moving inventories does indeed belong to the possessor, considering the fact that
the inventory will be the object of fiduciary. Therefore, this thesis will be
analyzing on the characteristics of the ownership over a fiduciary object in the
form of inventories and ratio decidendi of the related verdict. A statute approach
will be applied in this thesis as it is one of the primary law sources in Indonesia.
Furthermore, a conceptual approach seen from existing point of views or
doctrines, and case approach will also be applied for the fact that the analysis in
this thesis is based on cases related to dispute over the ownership of a fiduciary
object in the form of inventories. Thus, the following analysis will be able to
produce the conclusion that a fiduciary object in the form of inventories have
both common and specific characteristics and that the possessor of inventories is
indeed the rightful owner of inventories.
Keywords: Ownership, Fiduciary guarantee, inventories
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