Legal Analysis Of Fiduciary Guarantees On Future Receivables In Housing Project Financing With Proof Of Ownership Of The Budget Plan (Rab) In Banking Practice

Abstract

This study examines legal certainty and legal protection of fiduciary guarantees on future receivables in housing project financing with a Budget Plan (RAB) as proof of ownership in banking practices. Normatively, Article 9 of Law Number 42 of 1999 recognizes future receivables as objects of fiduciary guarantees. Although the RAB is estimative and has the potential to cause uncertainty in value, it gives rise to a “right” in the form of a Guarantee of Future Receivables on the sale of housing units. Legal protection for creditors is obtained through a clear description of the object of the Receivables in the fiduciary deed and fiduciary registration, thereby granting preferential rights and executory power.