[ABSTRAK Tesis ini membahas mengenai konsep dan kedudukan Trust dalam sistemhukum Common Law dan Civil Law, serta kedudukan Trustee sebagai Pihak yangMengajukan Permohonan Penundaan Kewajiban Pembayaran Utang (PKPU).Penelitian ini merupakan suatu penelitian yang berbentuk yuridis normatif yangbersifat deskriptif analisis. Hasil penelitian dalam penulisan ini yaitu konsep Trustadalah pranata yang unik dalam sistem hukum Common Law karenakeberadaannya yang mengenal kepemilikan ganda (dual ownership) yaitu legalownership dan beneficiary ownership, dimana pranata tersebut tumbuh danberkembang di Inggris dan negara Commonwealth lainnya. Meskipun awalnyakonsepTrust dan equity merupakan kebiasaan yang berlaku di masyarakat, saat initelah 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 dengandi negara Civil Law yang tidak mengenal sistema kepemilikan ganda. Seperti diIndonesia, meskipun pranata mirip Trust telah dikenal dalam bidang hukumbisnis, seperti likuidator dalam kepailitan, wali amant dalam pasar modal, dandireksi perseroan dalam hukum perusahaan, akan tetapi belum ada undang-undangyang khusus mengatur mengenai Trust. Kedudukan Bank Trustee dalammengajukan Permohonan Penundaan kewajiban Pembayaran Utang (PKPU)adalah sama dengan pemohon lainnya yaitu orang atau badan hukum, sepanjangsyarat pendirian kegiatan usahanya sesuai dengan Peraturan Bank Indonesia No.14/17/PBI/2012, tentang kegiatan usaha bank berupa penitipan denganpengelolaan (Trust). Hasil penelitan menyarankan perlunya pemerintah membuatregulasi yang dapat menjamin kepastian dan kemudahan berinvestasi, termasukmembuat Undang-undang yang secara khusus mengatur tentang Trust, bukanhanya di bidang perbankan, tetapi juga di bidang lainnya. ABSTRACT This thesis focuses on discussing the concept and the position of Trust in thelegal system of Common Law and Civil Law, and also the position of the Trusteeas the parties applying for Suspension of Payment (PKPU). This research is astudy in the normative form of juridical normative with descriptive analysis. Theresults of this research shows that the concept of the Trust is a unique institutionin the legal system of Common Law because of its existence which canacknowledge about dual ownership, which are legal ownership and beneficiaryownership, where such institutions grow and thrive in England and otherCommonwealth countries. Although the concept of trust and equity was initiallythe habit of society, there have been legislations specifically governing the Trusttoday, namely: Trustee Act 1925, the Trustee Investments Act 1961, Recognitionof Trusts Act 1987, the Financial Services and Markets Act 2000, Trustee Act2000. It is different from the Civil Law country which does not acknowledge thedual ownership system. As in Indonesia, although institutions similar to Trusthave been known in the area of business law, liquidator in bankruptcy, trustee inthe capital markets, and the directors of the company in corporate law, but there isno specific legislation which govern about the Trust. The position of the BankTrustee in applying for Suspension of Payment (PKPU) is the same as the otherapplicants which are the person or legal entities, as long as the requirement of theestablishment of business activities based on regulation Bank Indonesia Number14/17/PBI/2012, about the bank's business activities in the form of deposit withcertain management (Trust). The researcher suggests that government needs tomake regulations to ensure the certainty and the ease of investing, includingmaking regulations specifically regulating the Trust, not only in banking, but alsoin other sectors.;This thesis focuses on discussing the concept and the position of Trust in thelegal system of Common Law and Civil Law, and also the position of the Trusteeas the parties applying for Suspension of Payment (PKPU). This research is astudy in the normative form of juridical normative with descriptive analysis. Theresults of this research shows that the concept of the Trust is a unique institutionin the legal system of Common Law because of its existence which canacknowledge about dual ownership, which are legal ownership and beneficiaryownership, where such institutions grow and thrive in England and otherCommonwealth countries. Although the concept of trust and equity was initiallythe habit of society, there have been legislations specifically governing the Trusttoday, namely: Trustee Act 1925, the Trustee Investments Act 1961, Recognitionof Trusts Act 1987, the Financial Services and Markets Act 2000, Trustee Act2000. It is different from the Civil Law country which does not acknowledge thedual ownership system. As in Indonesia, although institutions similar to Trusthave been known in the area of business law, liquidator in bankruptcy, trustee inthe capital markets, and the directors of the company in corporate law, but there isno specific legislation which govern about the Trust. The position of the BankTrustee in applying for Suspension of Payment (PKPU) is the same as the otherapplicants which are the person or legal entities, as long as the requirement of theestablishment of business activities based on regulation Bank Indonesia Number14/17/PBI/2012, about the bank's business activities in the form of deposit withcertain management (Trust). The researcher suggests that government needs tomake regulations to ensure the certainty and the ease of investing, includingmaking regulations specifically regulating the Trust, not only in banking, but alsoin other sectors., This thesis focuses on discussing the concept and the position of Trust in thelegal system of Common Law and Civil Law, and also the position of the Trusteeas the parties applying for Suspension of Payment (PKPU). This research is astudy in the normative form of juridical normative with descriptive analysis. Theresults of this research shows that the concept of the Trust is a unique institutionin the legal system of Common Law because of its existence which canacknowledge about dual ownership, which are legal ownership and beneficiaryownership, where such institutions grow and thrive in England and otherCommonwealth countries. Although the concept of trust and equity was initiallythe habit of society, there have been legislations specifically governing the Trusttoday, namely: Trustee Act 1925, the Trustee Investments Act 1961, Recognitionof Trusts Act 1987, the Financial Services and Markets Act 2000, Trustee Act2000. It is different from the Civil Law country which does not acknowledge thedual ownership system. As in Indonesia, although institutions similar to Trusthave been known in the area of business law, liquidator in bankruptcy, trustee inthe capital markets, and the directors of the company in corporate law, but there isno specific legislation which govern about the Trust. The position of the BankTrustee in applying for Suspension of Payment (PKPU) is the same as the otherapplicants which are the person or legal entities, as long as the requirement of theestablishment of business activities based on regulation Bank Indonesia Number14/17/PBI/2012, about the bank's business activities in the form of deposit withcertain management (Trust). The researcher suggests that government needs tomake regulations to ensure the certainty and the ease of investing, includingmaking regulations specifically regulating the Trust, not only in banking, but alsoin other sectors.] |