[
ABSTRAKTesis ini membahas mengenai konsep dan kedudukan Trust dalam sistem
hukum Common Law dan Civil Law, serta kedudukan Trustee sebagai Pihak yang
Mengajukan Permohonan Penundaan Kewajiban Pembayaran Utang (PKPU).
Penelitian ini merupakan suatu penelitian yang berbentuk yuridis normatif yang
bersifat deskriptif analisis. Hasil penelitian dalam penulisan ini yaitu konsep Trust
adalah pranata yang unik dalam sistem hukum Common Law karena
keberadaannya yang mengenal kepemilikan ganda (dual ownership) yaitu legal
ownership dan beneficiary ownership, dimana pranata tersebut tumbuh dan
berkembang di Inggris dan negara Commonwealth lainnya. Meskipun awalnya
konsepTrust dan equity merupakan kebiasaan yang berlaku di masyarakat, saat ini
telah ada undang-undang yang secara khusus mengatur mengenai Trust yaitu:
Trustee Act 1925, Trustee Investments Act 1961, Recognition of Trusts Act 1987,
Financial Services and Markets Act 2000, Trustee Act 2000. Lain halnya dengan
di negara Civil Law yang tidak mengenal sistema kepemilikan ganda. Seperti di
Indonesia, meskipun pranata mirip Trust telah dikenal dalam bidang hukum
bisnis, seperti likuidator dalam kepailitan, wali amant dalam pasar modal, dan
direksi perseroan dalam hukum perusahaan, akan tetapi belum ada undang-undang
yang khusus mengatur mengenai Trust. Kedudukan Bank Trustee dalam
mengajukan Permohonan Penundaan kewajiban Pembayaran Utang (PKPU)
adalah sama dengan pemohon lainnya yaitu orang atau badan hukum, sepanjang
syarat pendirian kegiatan usahanya sesuai dengan Peraturan Bank Indonesia No.
14/17/PBI/2012, tentang kegiatan usaha bank berupa penitipan dengan
pengelolaan (Trust). Hasil penelitan menyarankan perlunya pemerintah membuat
regulasi yang dapat menjamin kepastian dan kemudahan berinvestasi, termasuk
membuat Undang-undang yang secara khusus mengatur tentang Trust, bukan
hanya di bidang perbankan, tetapi juga di bidang lainnya.
ABSTRACTThis thesis focuses on discussing the concept and the position of Trust in the
legal system of Common Law and Civil Law, and also the position of the Trustee
as the parties applying for Suspension of Payment (PKPU). This research is a
study in the normative form of juridical normative with descriptive analysis. The
results of this research shows that the concept of the Trust is a unique institution
in the legal system of Common Law because of its existence which can
acknowledge about dual ownership, which are legal ownership and beneficiary
ownership, where such institutions grow and thrive in England and other
Commonwealth countries. Although the concept of trust and equity was initially
the habit of society, there have been legislations specifically governing the Trust
today, namely: Trustee Act 1925, the Trustee Investments Act 1961, Recognition
of Trusts Act 1987, the Financial Services and Markets Act 2000, Trustee Act
2000. It is different from the Civil Law country which does not acknowledge the
dual ownership system. As in Indonesia, although institutions similar to Trust
have been known in the area of business law, liquidator in bankruptcy, trustee in
the capital markets, and the directors of the company in corporate law, but there is
no specific legislation which govern about the Trust. The position of the Bank
Trustee in applying for Suspension of Payment (PKPU) is the same as the other
applicants which are the person or legal entities, as long as the requirement of the
establishment of business activities based on regulation Bank Indonesia Number
14/17/PBI/2012, about the bank's business activities in the form of deposit with
certain management (Trust). The researcher suggests that government needs to
make regulations to ensure the certainty and the ease of investing, including
making regulations specifically regulating the Trust, not only in banking, but also
in other sectors.;This thesis focuses on discussing the concept and the position of Trust in the
legal system of Common Law and Civil Law, and also the position of the Trustee
as the parties applying for Suspension of Payment (PKPU). This research is a
study in the normative form of juridical normative with descriptive analysis. The
results of this research shows that the concept of the Trust is a unique institution
in the legal system of Common Law because of its existence which can
acknowledge about dual ownership, which are legal ownership and beneficiary
ownership, where such institutions grow and thrive in England and other
Commonwealth countries. Although the concept of trust and equity was initially
the habit of society, there have been legislations specifically governing the Trust
today, namely: Trustee Act 1925, the Trustee Investments Act 1961, Recognition
of Trusts Act 1987, the Financial Services and Markets Act 2000, Trustee Act
2000. It is different from the Civil Law country which does not acknowledge the
dual ownership system. As in Indonesia, although institutions similar to Trust
have been known in the area of business law, liquidator in bankruptcy, trustee in
the capital markets, and the directors of the company in corporate law, but there is
no specific legislation which govern about the Trust. The position of the Bank
Trustee in applying for Suspension of Payment (PKPU) is the same as the other
applicants which are the person or legal entities, as long as the requirement of the
establishment of business activities based on regulation Bank Indonesia Number
14/17/PBI/2012, about the bank's business activities in the form of deposit with
certain management (Trust). The researcher suggests that government needs to
make regulations to ensure the certainty and the ease of investing, including
making regulations specifically regulating the Trust, not only in banking, but also
in other sectors., This thesis focuses on discussing the concept and the position of Trust in the
legal system of Common Law and Civil Law, and also the position of the Trustee
as the parties applying for Suspension of Payment (PKPU). This research is a
study in the normative form of juridical normative with descriptive analysis. The
results of this research shows that the concept of the Trust is a unique institution
in the legal system of Common Law because of its existence which can
acknowledge about dual ownership, which are legal ownership and beneficiary
ownership, where such institutions grow and thrive in England and other
Commonwealth countries. Although the concept of trust and equity was initially
the habit of society, there have been legislations specifically governing the Trust
today, namely: Trustee Act 1925, the Trustee Investments Act 1961, Recognition
of Trusts Act 1987, the Financial Services and Markets Act 2000, Trustee Act
2000. It is different from the Civil Law country which does not acknowledge the
dual ownership system. As in Indonesia, although institutions similar to Trust
have been known in the area of business law, liquidator in bankruptcy, trustee in
the capital markets, and the directors of the company in corporate law, but there is
no specific legislation which govern about the Trust. The position of the Bank
Trustee in applying for Suspension of Payment (PKPU) is the same as the other
applicants which are the person or legal entities, as long as the requirement of the
establishment of business activities based on regulation Bank Indonesia Number
14/17/PBI/2012, about the bank's business activities in the form of deposit with
certain management (Trust). The researcher suggests that government needs to
make regulations to ensure the certainty and the ease of investing, including
making regulations specifically regulating the Trust, not only in banking, but also
in other sectors.]
T42906-Rahmatullah.pdf :: Unduh