JurnalPenelitianHukum De Jure AkreditasiLIPI:No:740/AU/P2MI-LIPI/04/2016 p-ISSN1410-5632 e-ISSN2579-8561 183 Jurnal Penelitian Hukum DE JURE, ISSN 1410-5632 Vol. 18 No. 2, Juni 2018: 183 - 204 PROBLEMATIKA IMPLEMENTASI PEMBIAYAAN DENGAN PERJANJIAN JAMINAN FIDUSIA (Tthe Problems of Financing with Agreement of Fiduciary Transfer of Security) Henry Donald Lbn. Toruan Pusat Penelitian dan Pengembangan Hukum Badan Penelitian dan Pengembangan Hukum dan Hak Asasi Manusia Kementerian Hukum dan Hak Asasi Manusia R.I. Jalan H.R Rasuna Said Kavling 4-5 Kuningan Jakarta Selatan 12940 Telpon (021) 252015, Faksimil (021) 2526438. henrydonald.lt@gmail.com Tulisan Diterima:27-04-2018;Direvisi: 31-05-2018; Disetujui Diterbitkan:21-06-2018 DOI: http://dx.doi.org/10.30641/dejure.2018.V18.183-204 ABSTRACT The issue of fiduciary transfer of security has never been regulated in the Indonesian Civil Code, it emerges from the public’s needs for loans without necessarily delivering the collateral physically. The commonly applicable practices are the pledge of personal properties, not for use by the pawnshop (requiring physical delivery of personal properties) and hypothec (only for real properties). The circumstance gives raise to a fabricated method to satisfy the people’s needs for financing by means of fiduciary transfer of security, which eventually acceptable to the practices and supported by some authorities. The research method employed in this paper is juridical normative and empirical method. To fill the vacuum of laws regulating the fiduciary transfer, the Government has issued the Law No. 42 of 1999 regarding Fiduciary Transfer of Security. The consideration has been to enable the financial institutions in helping the required finances for the businesses in order to improve the public economy. However, in the practice, the developed financial institutions have not been the financial institutions engaged in productive sectors that previously were expected to help the low-class entrepreneurs in improving the economy, but tend to provide multi-purpose financing to consumtive sectors. In the practice it is the multi-purpose financial institutions that create more legal problems in their relationship with the consumers. For example, the financial institutions that do not register the fiduciary transfer of security, when their consumers have failed to pay the installments, will attempt to seize the security by violent means. There have been also financial institutions that register the fiduciary transfer but their consumers fail to pay the installements and some even sold the securities. Keywords: Problems, Financing, and Fiduciary Transfer of Security